New Jersey Lemon Law Lawyer Blog

Whole Foods Recall

August 21, 2008 | Jonathan Rudnick

I happened to be shopping at Whole Foods recently when I was “interviewed” by a TV reporter from News 12 regarding the beef recall.

The purpose of this is to be fair to Whole Foods. I stated in the interview that I thought Whole Foods was a good store and I would continue to shop there. Although I have not seen the interview, I have been told that it was not included in the piece.

If you are curious about beef recalls and the food industry you have to read Fast Food Nation. My only major complaint is: what good is a recall after I have eaten the beef and tossed any proof of purchase? None. There should be a better system. Unfortunately, beef recalls are more common than we would care to believe.

Cherry Hill Triplex

August 18, 2008 | Jonathan Rudnick

The Attorney General’s office has filed suit against Cherry Hill Triplex for violation for the New Jersey Consumer Fraud Act. Cherry Hill Triplex is contesting the charges and asserts their innocence. The State has the burden to prove the case and Cherry Hill is presumed innocent until such time that the State proves their case. The lawsuit asserts that Cherry Hill Triplex violated the New Jersey Consumer Fraud Act. A copy of the complaint can be obtained from the Attorney General’s Office.

Count I Violations of the New Jersey Consumer Fraud Act

a. Advertising a guaranteed and/or unconditional $8,000.00 trade-in allowance,

BMW recalling 200,000 vehicles for possible air bag defects

August 14, 2008 | Jonathan Rudnick

USA today is reporting that there is a major BMW recall for airbags. The recall involves the 2006 3 Series, the 2004-2006 5 Series, and the 2004-2006 X3 compact SUV in the United States. NHTSA opened an investigation into the issue in September 2007 and upgraded its probe in January. In addition to the vehicles under Wednesday’s recall, the ongoing investigation also includes the 2004-2006 Z4, 2006 X5, 2006 6 Series and some 2004-2006 7 Series vehicles.

To respond to the problem, BMW said it would extend the warranty to 10 years without any mileage limit for the following vehicles: 2006 6 Series, 2006 3 Series with standard seat, 2004-2005 Z4, 2004-2006 7 Series, 2006 X5, and 2004-2006 5 Series with comfort seats.

National Highway Traffic Safety Administration tracks and compiles recalls and Technical bulletins for all cars and you should check for issues with your car.

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Junk Faxes and Damages

August 12, 2008 | Jonathan Rudnick

There is an entire area of law that addresses junk faxes. This law as a general matter sets many limitation in the sending of junk faxes. 47 U.S.C.A. 227 et seq.

The basis theory on damages is that junk faxes cost people money in the form of wasted time, paper and toner. This is why there are statutory damages of $500 per violating junk fax.

The cases can be pursued in State or Federal Court and provide an award of counsel fees. If the Court finds that the violation was intentional the Court has the option to triple damages as punitive damages.

Midas Franchises Investigated in CA

August 9, 2008 | Jonathan Rudnick

According to a CBS affiliate in California 22 Midas Franchises were investigated by the State and were found to be “inflated bills.”

This is the list of Stores

Bay Area Midas Auto Service Centers

What is a Secret Warranty?

August 6, 2008 | Jonathan Rudnick

There was an article on the NY Times online that contained the following statement:

“At least 30 million cars and light trucks manufactured from 1980 to 1986 are covered by undisclosed warranties for undisclosed defects, the Center for Auto Safety says.”

The article continued

Automotive Recalls

August 3, 2008 | Jonathan Rudnick

There is a great web site that has created feed to all the recent recalls. Every manufacturer is included and this is a great resource. Go to site

You should keep this site bookmarked to check your new car purchase.

New Jersey Lemon Law and Vehicle Repurchases

July 30, 2008 | Jonathan Rudnick

New Jersey has a list of all the cars that have been repurchased under the lemon law. The Manufacturer is required to brand the title as a lemon so any subsequent purchaser is on notice. The list is extensive.

The list comes from the Motor Vehicle Commission.

Consumer Fraud Act: Deceptive Practices

July 27, 2008 | Jonathan Rudnick

The New Jersey Consumer Fraud Act is very powerful legislation. The Consumer Fraud Act as written prohibits deceptive practices in the selling of goods and services. The Consumer Fraud Act jury instructions specifically define deceptive practices as the following:

An “unconscionable commercial practice” is an activity in the public marketplace which is basically unfair or unjust and/or which materially departs from standards of good faith, honesty in fact and fair dealing. To find a commercial practice to be unconscionable, there should be factual dishonesty and a lack of fair dealing

There is a very good case in New Jersey to illustrate a deceptive practice.

Toyota Tacomas and Rust. Part II

July 24, 2008 | Jonathan Rudnick

My Prior post refers to a warranty on extension on Tacomas for rust. Now they have issued a buy back and will pay 150% for all current owners of the Tacoma.

This seems a logical follow-up to their earlier extension of the warranty to 15 years. What will Toyota do if you already scrapped your truck? What about if you are out-of-pocket for repairs?

I guess the real question is: why is this almost 13 years after the truck was first distributed? Is this real costumer service?