New Jersey Lemon Law Lawyer Blog

There is a great legal technology site. It is a blog and it is fantastic and very useful to lawyers and non lawyers alike.

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I read this blog on a regular basis and frequently use the information.

New Jersey Consumer Fraud Act: Attorney Fees?

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 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.

New Jersey Consumer Fraud Act: Triple Damages?

Triple damages are mandatory. That means of 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 commonly known as an ascertainable loss. This amount is tripled.

My web site has some good information.

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 it 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.

The Consumer Fraud Act was initially designed to combat sharp practices and dealings that victimize consumers by luring them into purchases through fraudulent or deceptive means. Id. at 16. See also, Lemelledo v. Beneficial Management, 289 N.J. Super. 489, 495 (App. Div. 1995). In 1971, it was specifically amended to include a private cause of action with treble damages, giving New Jersey one of the strongest consumer protection laws in the nation. Cox at 15, Lemelledo at 495. Quoting Governor’s Press Release for Assembly Bill No. 2402, at 1 (April 19, 1971): “The Consumer Fraud Act is no longer aimed solely at shifty, fast-talking and deceptive merchants, but reaches non-soliciting artisans as well.” Thus, the Act is designed to protect the public, even when a merchant acts in good faith. Cox at 16.

Both the New Jersey Supreme Court and the Legislature have declared that the New Jersey Consumer Fraud Act is a remedial statute and, as such, should be construed liberally in favor of consumers. Cox at 16. The Legislative history supports this conclusion, evidenced by two significant Amendments to the Act. In 1962, the Act was amended to include a cause of action for “deceptive practices”. Also, in 1975, the Legislature amended the Act to include unlawful practices in the sale and advertisement of real estate. An analysis of relevant New Jersey law supports the proposition that the Consumer Fraud Act should be liberally in an expansive fashion to protect the consumer for potentially deceptive conduct.

Car Salesman Convicted For Scam Involving Mentally Ill Man according to an internet news source

I am still investigating claims against Cherry Hill Triplex if you are an unhappy customer

News

Attorney General Farber and Consumer Affairs Sued Camden County Auto Dealerships

Ripoff report

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 in in the position to allocate the rick for such losses and defray the risk

Consumer Fraud and Damaged Cars?

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