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What is going on with the Toyota Tacomas? Rust ?

There appears to be a long history of rust in these vehicles, for which Toyota has been aware. It appears that in March there was an extension of warranty coverage for these trucks for up to 15 years..

Do we think that is a generous olive branch form the manufacturer? Well, let’s take a closer look. It appears that the trucks that were having the problem were manufactured in 1995 to 2000. The “warranty extension” was offered in 2008. I guess Toyota has decided that “better late than never” is a good way to conduct business and keep the customers happy. Let’s say for argument purposes only (I did not know this) that Toyota knew about the problem in 1998, three years after the cars were in production. Well, what’s the problem, why did they wait so long?

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There is a phrase in Latin that means let the buyer beware, Caveat Emptor. New Jersey has abandoned this principle as it pertains to the Consumer Fraud Act. New Jersey, through the Consumer Fraud Act, has adopted a more ethical approach to sales. It is now the law that a person has the right to rely on representations made by another when dealing with that other person. The Consumer Fraud Act jury instructions specifically hold this to be true. 4.43 Consumer Fraud Act

The seller now has the responsibility to make sure that the representations as to their product are accurate and if they are wrong it is the responsibility of the seller of the goods.

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If you successfully litigate a case under the Consumer Fraud Act you are entitled to an award of attorney fees that has to be approved by the court. You submit a certification to the court of the amount of hours and the hourly rate, also known as a loadstar amount. The court is required to provide an in-depth analysis as to why the rate is proper and the hours reasonable.

My web site has some good information.

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Triple damages are mandatory. That means if there is a verdict for any ascertainable loss the amount is tripled by the court without discretion and automatically. You must prove a loss or what is commonly known as an ascertainable loss. This amount is tripled.

My web site has some good information.

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THE NEW JERSEY CONSUMER FRAUD ACT SHOULD BE LIBERALLY CONSTRUED TO EFFECTUATE ITS REMEDIAL PURPOSE.

The New Jersey Consumer Fraud Act should be liberally construed to effectuate its remedial purpose. The New Jersey Consumer Fraud Act was passed in 1960 to permit the Attorney General to combat the increasingly widespread practice of defrauding the consumer. Cox v. Sears Roebuck & Co., 138 N.J. 2, 14 (1994) (quoting Senate Committee, Statement to the Senate Bill No. 199 [1960].) The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2, states:

“Any act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false promise, misrepresentation, or the knowing concealment, suppression or omission, of material fact with intent that others rely upon such concealment, suppression, or omission in conjunction with the sale . . . or with the subsequent performance of such person as aforesaid, whether or not any person has, in fact, been misled, deceived or damaged thereby, is declared to be an unlawful practice.

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Damaged Cars and Suing the Lender.

You can collect from the lender for defective cars under the HOLDER RULE.

Since the contract that the lender is holding permits the buyer to sue the lender, the lender can be sued up to the amount paid on the contract. The lender is in the position to allocate the risk for such losses and defray the risk.

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What happens if the dealer sells you a damaged car? Have they violated the New Jersey Consumer Fraud Act?

AFFIRMATIVE MISREPRESENTATIONS VIOLATE THE CONSUMER FRAUD ACT

The law in New Jersey is no longer “buyer beware” and New Jersey has taken the more ethical approach to the sale of goods. The dealer is charged with knowing the goods that they sell, such as cars. If they make a promise that the car has not been in an accident they must make good on the affirmative representation. If their statements are false then the dealer can be sued for a violation of the Consumer Fraud Act, NJSA 56:8-2.

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