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WRONGFUL REPOSSESSIONS

The repossession of property by a creditor is a difficult process that can leave both parties frustrated. Unfortunately, in some cases, the process can also be illegal and wrongful. In New Jersey, if a creditor repossesses personal property without following the legally mandated procedures, then the borrower may have grounds for a lawsuit against them. The Uniform Commercial Code determines what is a proper or legal repossession process.

Under New Jersey law, creditors must first provide written notice to borrowers before they can legally sell any property. This notice must include several important pieces of information such as how much is owed, what will happen if payment isn’t made on time, and how the borrower can dispute the debt or repayment agreement. If a creditor fails to provide this notice before selling the property, then it is considered an illegal action under New Jersey law.

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CONSUMER FRAUD LAWSUITS/COMMERCIAL LITIGATION

There have been several recent high-profile lawsuits that have captured public attention. For example, Scarlett Johansson filed a lawsuit against Disney over the release of the movie Black Widow1. Another example is the case of Spencer Elden vs Nirvana, where Elden sued the band over the use of his image on their album cover1. Additionally, there have been several high-profile lawsuits against major companies such as Amazon, McDonald’s, and Pinterest over allegations of discrimination and harassment.

Scarlett Johansson filed a lawsuit against Disney for releasing “Black Widow” on its streaming service Disney+ and in theaters at the same time. She alleged that this breached her contract and reduced her salary, which was based on the box office performance1. The lawsuit was settled in private arbitration two months later, with undisclosed terms. Johansson and Disney said they would continue working together.

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The biggest class action settlement ever is the Tobacco Master Settlement Agreement, which was entered in November 1998 and paid out a total of $206 billion. This settlement is still the largest lawsuit settlement in history.

Other notable settlements include the Opioid Epidemic settlement for $26 billion, BP Gulf Of Mexico Oil Spill for $18.7 billion, and Volkswagen emissions scandal for $14.7 billion. According to the Duane Morris Class Action Review, the total value of all class action settlements in 2022 exceeded $63 billion.

Class action lawsuits are an important tool for holding companies accountable and ensuring justice is served when they break laws or regulations.

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Class-action certification is the process of defining the class so that every person who has suffered a particular injury has the chance to be represented in court. It is also the opportunity for the lead plaintiffs to demonstrate they can properly represent the entire class 1.

There are several requirements for the certification of a class action. For example, under Rule 23 of the Federal Rules of Civil Procedure, one or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joiner of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class 2.

One example of a class-action lawsuit filed in New Jersey in 2023 is a lawsuit against New Jersey-based panel installation company Vision Solar. The lawsuit accuses Vision Solar of pressuring customers to pay for a product that failed to live up to salespeople’s promises. According to the lawsuit, Vision Solar would often fail to obtain the proper permits before installing the panels, leaving homeowners paying for a system that wasn’t connected to the power grid. Other times, salespeople would allegedly mislead customers about the potential savings 1.

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NJ auto dealers must pay any judgment within 90 days of when the court enters it, or face potential legal penalties. This makes it very important for auto dealers to be aware of consumer protection laws and regulations that prohibit auto fraud. Consumers may seek legal action if they experience fraud or deceptive practices from an NJ auto dealer. If a court finds in favor of the consumer, the dealer is responsible for paying the amount of the judgment plus any applicable interest within 90 days. Failure to comply can result in additional legal penalties that could be more costly to the dealership than simply paying the initial judgment. For this reason, it is essential for New Jersey auto dealers to remain up-to-date on applicable laws and conform to best practices in order to protect themselves from any potential legal action. Consumers should also familiarize themselves with the laws to identify and report any practices that may be considered fraudulent or deceptive. By ensuring all parties act responsibly, we can maintain a safe and fair marketplace for auto sales in New Jersey.

Auto fraud is a serious problem across the state of New Jersey, and it is essential that all individuals follow the laws in order to protect their rights. With this ruling, it is clear that judgments can be collected for violations of consumer protection laws. Consumers should be informed about their rights and take advantage of legal assistance if they feel they have been victims of auto fraud or other unscrupulous practices. Taking action now will help prevent costly judgments from being issued in the future.

This decision serves as an important reminder that businesses must abide by applicable rules and regulations at all times in order to stay compliant with state standards. The potential consequences for violating these laws are severe, so dealerships should ensure proper procedures are followed to avoid legal proceedings.

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Consumer fraud trials can be complicated, LONG and a challenge. There are Rules of Court that must be followed, rules of evidence and Model Jury Instructions. A trial has very little to do with everyday common sense. There are strict rules to address what arguments can be made, what facts can be presented to the judge and jury and burdens of proof and persuasion. It takes years of in court experience to understand a trial, especially a Consumer For a Trial.

A Consumer Fraud Trial has a large amount of very technical requirements/proof/burdens. As in most cases, the plaintiff has the burden. However in some areas of a Consumer Trial the burden is lowered because of the practical considerations the legislature has determined are necessary for the enforcement of the consumer fraud act.

A good example is Proximate Cause. In most lawsuits, and in most causes of action there is a requirement for proximate cause. Proximate cause requires that the actions of the defendant caused the damage to the plaintiff or the victim. There are specific jury instructions that address this issue. However, in Consumer Fraud Trials the standard/burden has been lowered by the New Jersey courts.

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New Jersey Lemon Law Update January 2020

There have been no statutory amendments modifications or other significant changes and the New Jersey Lemon Law. The update is that there is no update. I just recently updated my New Jersey Lemon Law page at my website.

There is a used New Jersey lemon and there is a new New Jersey Lemon Law. The remedies are different for those claiming they have purchased a lemon. However, the underlying concept is that the use/value/safety of the vehicle you were driving has been substantially impaired. Each statutory provision, used car lemon law and a new car lemon law, spells out the remedies to which you are entitled. The New Jersey new car lemon law provides for a repurchase formula with attorney’s fees and costs.

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Opening Statement

I just updated my webpage to include an example of an opening statement in a trial against the car dealership for selling a car, used car with prior damage. Ordinarily, this takes approximately 15 to 20 minutes depending on how the court schedules the opening statements. This is the usual length of the trial in case which might last 3 or 4 days. Defense opening statement which goes 2nd at trial, would also be about 15 to 20 minutes.

This is an example of an opening statement, and a trial, where the plaintiff purchased the vehicle and the dealer told him the car was not in an accident. The plaintiff later discovered that the car was in an accident. This is an example of what I might tell the jury in a similar or substantially similar case. Each case is completely different but this auto fraud case is a bit of the standard fact pattern and has many common factors across cases I have handled.

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New post on the web site about car dealerships selling damaged cars

What do you do, what can you do when a dealership sells you a damaged car

https://www.consumer-attorney.com/i-want-to-sue-a-car-dealership-lawyers-that-deal-with-car-dealer.html

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