New Jersey Lemon Law Lawyer Blog
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CAR SALESMAN
CAR SALESMAN
CAR SALESMAN
Consumer Fraud and Contests
In essence, a completed transaction is not necessarily required to maintain a cause of action under the New Jersey Consumer Fraud Act. The defendant’s assertion that there was no “purchase” of goods (not accurate based on the plaintiff’s submissions) is insufficient to support a claim for dismissal on summary judgment.
A completed sale is not required. The definitions section of the New Jersey Consumer Fraud Act defines a sale as an offer for sale or an attempt directly or indirectly to sell, rent or distribute. Consistent with this, it defines an advertisement as an attempt to directly or indirectly by publication or otherwise… to induce directly or indirectly any person to enter into an obligation. An interpretation of the New Jersey Consumer Fraud Act in the definitions sections to exempt offer for sales or advertisement from the New Jersey Consumer Fraud Act cannot be deemed consistent with the remedial purposes of the act.
See Miller v. Publishers Clearing House Miller v. Publishers Clearing House 284 N.J.Super. 67 (App.Div 1995) There are specific cases which address the applicability of the consumer fraud act to those who have sold no goods to the plaintiff. See Cogar v. Monmouth Toyota 331 N.J. Super 1997 (App. Div. 2000). See Perth Amboy Iron Works v. American Home Assurance Co. 226 N.J. Super 200, 211 (App. Div. 1988), aff’d, 118 N.J. 249 (1990). In both of these cases, the Appellate Division held the Consumer Fraud Act applicable to individuals and/or businesses who sold no goods to the plaintiff.
Warranty Law and Consumer Law
Another area that is ripe for litigation is breach of warranty law. Warranties commonly come with almost every single, consumer product that is sold. However these warranties are usually contained in small booklets all writing. Nonetheless for significant consumer purchases you should read the entire warranty. As an example on an expensive TV, receiver, stereo component or computer you should read the warranty to determine your rights if there is an issue. Also an arbitration agreement by be included.
It is imperative that you follow the terms and conditions of the warranty. Many times there is a specific person must be notified in writing by regular and certified mail. First you need to follow the terms, then you need to document your communication, then you needed to document the response from the manufacturer or supplier.
Ultimately, when, and if you have to make a litigation claim against them you will have all of your ducks in a row.
Arbitration Agreements, Consumer Goods
Arbitration agreements have become a commonplace occurrence in everyday American life. There are arbitration agreements and no most every agreement you sign. When you buy a car there’s an arbitration agreement when you buy an oven there is an arbitration agreement when you buy a vacuum there’s an arbitration agreement.
There has been attempt at the federal level to remove these arbitration agreements from consumer agreements, however to date that effort has been unsuccessful. What this means for the average customer is that you need to read your paperwork when you buy these consumer goods. You need to potentially cross out refused to agree to these arbitration agreements one before you take the product place in your car and go home.
It is imperative that you ask questions whether or not there’s an arbitration agreement and you must read all of your documentation to see if there’s an arbitration agreement. Because, ultimately if you do have a dispute you want to sue the manufacturer, you want to sue the store you’re going to be barred from suing them in Superior Court.
Flood Damage Cars and Fraud and Sandy
The news is reporting that charges have been brought regrading the selling of flood damages cars form super storm sandy.
The main operator appears to have persons working with him at the MVC to assist him in his scheme
Prosecutors say the dealership acquired eight vehicles at auction that sustained flood damage during Sandy and that were auctioned by an insurance company “for parts only,” but that the defendants allegedly had fraudulent “clean” titles issued for the vehicles and sold seven of them to customers who were unaware of the flood damage.
Lawsuit against 21st Century Auto Group
The State is alleging the following:
a. Failing to honor the advertised sales price of a used motor vehicle;
b. Failing to honor the negotiated sales price of a used motor vehicle;
State Sues 21st Century Auto Group
The State of NJ filed a lawsuit against 21st Century Auto Group:
Acting New Jersey Attorney General John J. Hoffman and the State Division of
Consumer Affairs today announced a lawsuit against 21st Century Auto Group, Inc., a
Match.com lawsuit
Match.com has been sued for faking profiles of its members and having false profiles.
The plaintiff is a former model whose photos has been used on over 200 profiles, with no authorization from her.
Presumably, the damages are based on the theory that match.com has lured people to their site and charged them money wthi the false representation as to he numbers that are on the site.
Car Salesman Talk, Arbitration
Car Salesman Talk
On or about March 11, 2011, the plaintiff listened to an advertisement on 1010 WINS Radio from XXX indicating that it was 30% off of the manufacturer’s suggested retail price, MSRP or $5,000 cash back on all of their new vehicles. (The bait) After hearing the ad with the reliance thereon, the plaintiff proceeded to the dealership and signed various documentations indicating that he would be acquiring a new vehicle from XXX at the interest rate of 3.9%. The plaintiff signed various documents and left the dealership. The price was over the MSRP by about 25% and once the “fictitious discount” is factored in the real price is %50 to %100 above the advertised price. (MSRP about $21,000 purchase price about $26,000) The plaintiff was not told verbally by any individuals that the contract was not final, subject to approval or otherwise not a completed transaction. The only documents in the plaintiff’s possession when he left the dealership indicated that the transaction was final. Plaintiff is unsure as to exactly what documents the dealership has in their possession pertaining to the ‘temporary’ approval of the transaction. However, the plaintiff was told, left with documents indicating the transaction was final. (Plaintiff reserves the right to amend the pleadings to allege that the advertisement was deceptive upon receipt of same from dealer or the radio station)
After approximately two weeks, the plaintiff received a call back from a representative of the dealership who the plaintiff believes was the finance manager that indicated that there was a mistake in the paperwork and that the plaintiff cannot get his tags without returning to the dealership. (Get him back to the dealer so we can do “The switch”) (Charge him too much for financing and charge too much for the car) Thereafter, the plaintiff returned to the dealership, sat down with the individual whom he believed was the finance manager and told the plaintiff that he had to sign a separate set of paperwork all of which was backdated (violated TILA) to the original specific date of the transaction. (The dealer transgressions just continue and continue) The representative of the dealership said this is the only way the plaintiff could get financed that if the plaintiff did not have the life, health and other type of insurance, the interest rate will be 5.9% rather than the 4.9% which was on the second set of documents and certainly above the 3.9% for which the plaintiff allegedly received an approval and had signed the documentation. The dealer was in possession of the plaintiff trade at this time or they had sold it.