New Jersey Lemon Law Lawyer Blog
The New Jersey Division of Consumer Affairs, a subdivision of the Department of Law and Public Safety, provides an excellent website with links to all of the relevant New Jersey departments, links to all of the relevant inquiries pertaining to the Division of Consumer Affairs, and current headlines or investigations undergoing or undertaken by representatives of the Division of Consumer Affairs. As an example, there are headlines on the site and the current headlines as of the writing of this blog indicate that there are various ticket sellers which agree to stop speculative ticket sales, a Hudson County Senior Fraud Education and Protection Program, a notice on chimney repair scams and an announcement that the state, through Governor Corzine and Attorney General Milgram, are going to provide consumers with titles when the dealerships have gone out of business. The Division of Consumer Affairs also has links to the Division of Criminal Justice, Division of Civil Rights, Division of Gaming and Enforcement, Division of Highway Traffic Safety, Division of Law, Juvenile Justice Commission, New Jersey Racing Commission, State of Athletic Control Board, Division of State Police and Victims of Crime Compensation Office. There are also numerous consumer briefs, which are items of public information which is extensive, ranging from county office on aging to travel scams.
Can I sue if my car gets repossessed?
The previous blog posted explains the nature and extent of the claims under wrongful repossession. However, one of the common questions is that I know I was late on my loan, missed a few payments, and the vehicle was repossessed. The finance company contacted me and they demanded the entire company of the loan in order to obtain possession of my vehicle.
There is a basic theory under New Jersey law called good faith and fair dealings. One potential claim against the financing source under the circumstances would be that they are being commercially unreasonable under the Uniform Commercial Code. You could also assert that they are not complying with their obligation to act in good faith and deal fairly. Under New Jersey law, a lender in the context of a repossession and redemption need to be commercially reasonable. In addition, there is an obligation that they deal with a consumer or customer in good faith with regard to the contract which was in place between the parties. Both of these situations require the application of the good faith and commercially reasonable doctrines. If one were to argue that this would be an appropriate basis for liability, the damages section set forth in the prior blog pertaining to the wrongful repossession would apply.
WRONGFUL REPOSSESSION CLAIMS, CLASS ACTIONS AND CONSUMER FRAUD
WRONGFUL REPOSSESSION CLAIMS, CLASS ACTIONS AND CONSUMER FRAUD
A brief review of the internet on the search wrongful repossession class action will yield a plethora of results indicating that this is an extensive, ripe and very litigious area of law both on the individual and class action basis. When you are dealing with wrongful repossession on an individual basis or a wrongful repossession on a class action basis, it seems to mostly arise out of the processing of paperwork either before, during or after the actual repossession.
On occasion, the wrongful repossession deals with the inappropriate conduct of a repossession company or an agent of the repossession company. However, as previously set forth, most of the lawsuits, class actions and wrongful repossession, and consumer fraud lawsuits arise out of the post-repossession notice of intent to sell and post-sale paperwork, which would include necessary accounting.
DEX for Embarq Yellow Pages
Investigating
The Law Office of Jonathan Rudnick is investigating complaints against DEX for Embarq Yellow Pages, related to its crediting business accounts pursuant to its guarantee that an Embaq Yellow Page listing will generate certain numbers of calls each month. The Law Office of Jonathan Rudnick is investigating whether business are receiving the credits they are entitled to under the program and whether Dex is automatically providing the credits due under the guarantee. If you have listed your business with a DEX for Embarq Yellow Pages under a program guaranteeing you a certain number of calls, and have not received full and proper credits under your guarantee phone, please contact me.
We are not implying any wrongdoing or that a valid cause of action exists, but we are conducting an investigation.
Consumer Fraud and the Uniform Arbitration Act
As previously stated in many of these posts, the dealers frequently use arbitration agreements as a method by which they bypass the court system. There are numerous organizations, including JAMS, NAF and American Arbitration Association. All of these organizations ordinarily have consumer due process protocols for these arbitrations. The question is what happens when you win an arbitration and the dealership refuses to pay the arbitration award? Unfortunately, this is not an easy process, but there is a provision in the Uniform Arbitration Act for the Superior Court to confirm an arbitration award entered by an arbitrator. Basically, the petitioner must file an order to show cause (fancy words for a court action) to confirm the arbitration award so as it can be entered into the docket system and be docketed against the dealer’s property. There is an entire provision under the court rules for a filing of an order to show cause and it is relatively complicated. Nonetheless, the Court is permitted to confirm this arbitration award so long as there is not a basis to vacate the arbitration award filed by the loser of the arbitration. Once the arbitration award is confirmed by the Superior Court, it becomes a judgment docketed and the petitioner or plaintiff may use this docketed judgment or award as any other docketed judgment or award. Moreover, the Uniform Arbitration Act provides for the payment of counsel fees and costs associated with domesticating or confirming an arbitration award. The New Jersey Consumer Fraud Act also provides for the payment of counsel fees with the collection of a consumer fraud judgment. This was decided in the case of Tankersley, wherein the Appellate Division held that an attorney who was attempting to collect judgment on a consumer fraud award would be entitled to counsel fees and costs. The Tankersley case involved the collection of a judgment against a car dealership.
Brake-O-Rama: Attorney General Investigation and Civil Suit
The Attorney General has instituted suit against Brake O Rama for various conduct. A civil action has been instituted against them for consumer fraud.
If you have had work done by a Brake-O-Rama and you have any questions regarding a possible claim, please contact us.
All parties are presumed innocent and they are permitted a day in court.
Car Dealership Fraud and Appearance Packages
Appearance Package, Wheel Well Molding, Door Edge Guards
Some dealerships use the sale or attempted sale of door edge guards, wheel well molding or pin striping, commonly known as appearance packages, to increase the costs of the vehicles. Frequently, these pre-delivery services are not included anywhere in the buyer’s order but only on a price addendum placed on the automobile. New Jersey law is relatively straightforward and requires a consumer to sign off and acknowledge the purchase of any pre-delivery services on the sale of an automobile. The dealership uses the guise of these expensive products, which increase the “sticker” price of a vehicle. When the customer sits downs and looks at all the paperwork, it is not apparent that these items are included in the price anywhere. This is the intention behind the New Jersey Consumer Fraud Act and the associated Administrative Code regulations requiring consumers to acknowledge purchase of pre-delivery services. Even if these were considered aftermarket items or different types of products, it would still be appropriate for the dealer to disclose the nature and extent of these products, any warranties that were associated with these products, and the costs thereof. The best advice would be to be very careful in the injunction of negotiating a purchase price on a new vehicle and demand for an itemization of any and all products and/or services that you are acquiring or think you are acquiring as part of the automobile purchase. The dealership is required to disclose this to you fully and honestly and the best way to do this would be to bring a piece of paper where the dealership would sign off on the specific products which you are purchasing. This would forego any potential confusion and document exactly what you are and are not purchasing.
Car Salesman: Great Video, Must watch!
This is a must watch. Who likes car salesman?
Consumer Fraud and Car Dealerships
Car Dealer Tricks – Etch Products
It is a common practice for car dealerships in the State of New Jersey to sell a product known as “etch.” Frequently, this product is preprinted on a buyer’s order or a standard form used by the dealership as part of selling a new or used vehicle. Although the dealership might frequently claim that the purchase of this item is optional, it appears as though it is not optional because it is preprinted on a buyer’s order and it is applied to all the vehicles prior to the time of sale. As a practical matter, I have litigated numerous cases where the allegation was that a representative of the dealership explained to the customer that the purchase of this product was mandatory or part of the transaction. Frequently, this is contradicted by written statements contained in the various documentation prepared by the dealership and signed by the consumer, so they feel they are “protected”.
Quite simply, the purchase of etch is neither required nor usually a good idea. The basic concept behind this etch product is that it somehow deters thieves from stealing a car once this particular identification is etched on the windshield. I have yet to see some type of study that etchings on the vehicle reduce the theft rate on the vehicle. Nonetheless, the benefit paid by the etch is not sufficient to support the amount of money or the price of the product. Usually, this product costs consumers from $200 to $500 and must be compared against the deductible of auto insurance. As an example, if you have a deductible with $500 on an auto and the vehicle is stolen or totaled, it is likely that this could be the maximum amount which would be received by the consumer. So, in essence, the consumer is paying $200 to $500 for a $500 benefit. The risk does not justify the price paid for the product. It is not uncommon that the etch product is sold in conjunction with a gap product which must be compared with the policy of automobile insurance sold with the vehicle. Nonetheless, it is overpriced for the risk assumed. Moreover, the requirements to apply for this benefit are overwhelming. There are numerous requirements, including the supplying of police report, notification within 30 days, and documentation from the insurance company, and all sorts of other extras that are required to process this claim.