New Jersey Lemon Law Lawyer Blog

Remedies Under The New Jersey Consumer Fraud Act (Part I)

March 30, 2008 | Jonathan Rudnick

The New Jersey Consumer Fraud Act is one of the most powerful in the nation. It provides for the mandatory awarding of triple damages for any ascertainable loss. As an example if you have lost one dollar you would be entitled to three dollars in damages. If the defendant has committed consumer fraud the claimant would also be entitled to an award of attorney fees and costs.

The New Jersey Consumer Fraud Act requires that the claimant has sustained an ascertainable loss to receive a recovery under the act. Under certain circumstances, fees can be awarded with no ascertainable loss.

Cases

National Automobile Dealers Association

March 26, 2008 | Jonathan Rudnick

This site provides significant insight into what is going on in the automotive industry. There are statistics that explain where the dealers are making money: new cars, used cars and service department. It counts the dealers in each state and explains. The NADA data section is worth a quick look.

Augieland

March 24, 2008 | Jonathan Rudnick

What is this? What is Augieland?
It has nothing to do with auto fraud, lemon law, used car lemon law, breach of warranty or the New Jersey Consumer Fraud Act. But if you like to eat out in the metropolitan area, mostly Manhattan, this site is a can’t-miss. He appears at the top restaurants in the area and gives an honest review. He also appears to have extensive experience with wine and I would suggest you browse the site. It is a must.

The New Jersey Consumer Fraud Act

March 23, 2008 | Jonathan Rudnick

New Jersey has one of the strongest consumer laws in the country and it is known as the Consumer Fraud Act. It applies to both the sale and attempted sale of goods and services. It is liberally construed to effectuate the remedial purpose of the statute.

It applies to the sale of real estate and financial products, such as life insurance. There are a host of associated regulations that were created to enforce the act: automotive repair, automotive advertising, general advertising, sale of used cars, labeling of foods, the leasing of cars, home improvements, and even the sale of furniture.

The act requires the tripling of any damages and requires the court to award attorney fees.

Craftmatic Bed Complaints!

March 17, 2008 | Jonathan Rudnick

I had a client call me today with complaints against Craftmatic. The allegation was that he forwarded a payment on time and was not credited until there was a TREMENDOUS late fee that was activated by the late payment and an increase in the interest rate. I did some research and found a Craftmatic complaint site on the web AND it appears that there are many unhappy customers.

It appears that there was also an investigation by West Virginia and a large settlement.

If you have a Craftmatic bed and you have any complaints please contact me for a free consultation.

Car dealer, salesman indicted in fraud involving dealership

March 14, 2008 | Jonathan Rudnick

The Asbury Park Press is reporting that there have been indictments of Michael Kouvaras, 55, of Maplewood and Salvatore Rivello, 56, of Matawan. They were indicted for theft by deception, identity theft, deceptive business practices and defrauding secured creditors. I will be getting a copy of the indictment form the Prosecutor’s Office so as to comment further. The dealership was Chrysler of Eatontown, according to the Press. I will follow up with details.

Negotiation With Car Salesmen: Remember The Facts

March 12, 2008 | Jonathan Rudnick

When you negotiate with a car salesman you need to remember some important statistics. There are over 21,000 new car dealerships in the country and over 550 new car dealerships in the State of New Jersey. The car you want is at another dealership, probably for less. Get up and walk out, if you can. This might not be a real option if they have your trade vehicle and it is lost or sold or they can’t find it anywhere.

All you need to do is look at all the advertising on the web and in the newspaper to see the level of competition. You actually have the upper hand. Also, try to have financing approved before you enter the dealership so you have the leverage. Get everything in writing. Do not trust anybody. Never go to the dealership alone. Some more help

Good Luck.

What Should You do If You Think You Have Been Ripped Off by a Car Dealer?

March 9, 2008 | Jonathan Rudnick

You have a range of choices, none of which are really attractive.

Return to the dealership and confront the management. You need to be very confident and have the ability to negotiate against skilled salesmen and do it under stress. You don’t have a chance. You know it and the dealer knows it. STAY AWAY. Not recommended.

File a complaint with the Better Business Bureau or the Consumer Affairs Office in your county. They have no ability to force the dealership to do anything. I’ts all voluntary. Just a further waste of your valuable time.

Should You Purchase A Certified Used Car?

March 6, 2008 | Jonathan Rudnick

This depends on your comfort level in negotiating with experienced salesmen and your ability to have the car inspected that you are purchasing. As a general matter, in my opinion, this is not a good purchase. The term “certified” means almost nothing. In the context of a used car sale it only means that the manufacturer has issued a warranty on your car and has required the dealer to perform some extensive inspection. Remember this is not free. There is a charge for this warranty, whether the dealer tells you or not. You are purchasing this warranty. Then the dealer tries to sell you an extended service plan. What a joke.

First of all, shouldn’t the dealer have to inspect the car before they sell the car to the public? Why is this extra? Just purchase your own warranty on the internet and have the car inspected by your own mechanic.

Here is a listing of all the major manufacturers’ certified used car programs.

Do Car Dealerships Have Insurance For Consumer Fraud Claims?

March 4, 2008 | Jonathan Rudnick

Many dealerships, of medium to large size, have insurance for claims of consumer fraud. One of the largest companies that writes this insurance was Universal Underwriters, which was purchased by Zurich. BUT the coverage usually only pays for the cost of a lawyer and will not pay money to the claimant for any verdict or pay any settlement monies to the plaintiff. Usually this is paid by the dealership out of their pocket.