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My client, Hannah (name changed to protect the innocent) was sent to me by another lawyer in North Jersey. She purchased the car in October 2004 and had problems immediately with fumes in the car. At about 900 miles she was forced to seek medical treatment, and again at about 2,500, due to the fumes. The car was returned to the dealership also at 3,700, 5,200 and lastly at 10,000 miles for the same claimed problems. Repair orders reflect some of the problems. She has not driven the car since 2007 after it broke down and the fumes had continued to bother her. She demanded her money back after the second repair attempt and rebuked (denied) by the MFGR.

The dealer and the manufacturer rep could not duplicate the problem. Hannah claims that the courtesy driver at the dealer verified the complaint, but not the service writers or the mechanics.

The car cost $50,000 and was a Mercedes Benz.

Suit was filed late 2005 after the first or second repair attempt.

For those of you who want to know the verdict it is the continued portion of the entry. If you choose to wait feel free to do so until you hear the whole story.
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I started a trial in Ocean County, New Jersey last week and will, at the close of trial, be providing a blow-by-blow on the entire case. These should be the topics: case history, procedural history, trial strategy, picking a jury, openings, testimony, closings, jury charge and final thoughts. I think that you will find it very interesting and worth following the story.

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I have been a member of the National Association of Consumer Advocates for almost ten years. I have learned much from this organization. They provide expert witness services and they have an entire set of books dedicated to consumer law. They have provided assistance to major litigation projects throughout the entire country.

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The New Jersey Lemon Law is a very important piece of consumer legislation. The remedies are very liberal and provide for a fair recovery. If the claimant wins a case under New Jersey Lemon Law they are entitled to a buyback of the vehicle in litigation. This starts with a payoff of the outstanding balance of the car loan, if there is a balance. Then all the payments that are made are returned to the car owner, as well as the down payment. Other valid damages include rental car bills, towing charges, repair bills, filing fees, expert fees and attorney fees. There is an offset for mileage that is charged against the consumer for use of the vehicle and it is calculated from the first repair attempt.

The Law Office of Jonathan Rudnick, a law firm in Red Bank/Middletown New Jersey, litigates consumer fraud and lemon law cases and provides for experienced representation.

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The Truth in Lending Act is liberally construed to protect consumers Burnett v. Ala Moana Pawn Shop, 3 F.3d 1261, 1262 (9th Cir. 1993). Congress enacted the Truth in Lending Act (15 U.S.C. § 1601 et seq. (TILA)) in recognition that uniform credit disclosures would enhance “the competition among the various financial institutions and other firms engaged in the extension of consumer credit,” and “assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit.” (15 U.S.C. § 1601(a).) In this regard, TILA protects consumers from inaccurate and unfair credit practices. (Ibid.; (D.N.M.1998) 12 F.Supp.2d 1230, 1232.) To address the problem of buried finance charges, Regulation Z extends TILA’s coverage to all credit transactions ” ‘for which either a finance charge is or may be imposed.’ ” (1974) 12 Cal.3d 915, 920, 117 Cal.Rptr. 541, 528 P.2d 357, citing former 12 C.F.R. § 226.2(k).) TILA’s purposes have led the courts to strictly enforce its requirements as well as those of Regulation Z. 12 F.Supp.2d at p. 1232.)

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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

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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.

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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.

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788 Shrewsbury Ave
Building 2, #204
Tinton Falls, NJ 07724
Phone: (732) 709-7277Fax: (732) 879-0213

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