New Jersey Lemon Law Lawyer Blog

Recently, I was surfing the internet and discovered a site through news releases that is actually very useful.

The site is truecar.com and the basic underpinnings of this site are the consumers’ ability to access purchase information for vehicles. Apparently truecar.com has the availability of some sort of database or survey information pertaining to what people have paid for various vehicles as well as the extras. It then provides some sort of analysis, maybe a regression analysis, as to the appropriate or average price for these vehicles. With this site, you get information pertaining to what the market is bearing for a particular vehicle with particular options. Since most individuals do not have the ability to go to auctions or have the access to information that dealerships have, I would say that the availability of this information at truecar.com would be essential if it is in fact accurate. I have no knowledge whether or not this information is accurate or the source of their information. However, the basic concept underlying truecar.com I completely support because it assists consumers in providing them with more information on their purchasing decision. If you are buying a car, it would seem to be a reasonable resource to avail yourself to, to have as much or if not more knowledge than the dealership pertaining to the pricing practices or pricing patterns of a particular car in a particular market. With regard to information, more is always better.

Federal Trade Commission Consent Decree and Kellogg

Under New Jersey Law, it violates the New Jersey Consumer Fraud Act to make an affirmative misrepresentation of fact as the seller attempted sale of a product. It does not matter that nobody has been misled but there is the capacity to mislead which is the primary ingredient of consumer fraud.

There has been an investigation opened by the Federal Trade Commission which has been resolved recently with Kellogg. It appears as though Kellogg was misrepresenting the benefits of Frosted Mini-Wheats. Kellogg was making claims on their advertising that Frosted Mini-Wheats was “clinically shown to improve kids’ attentiveness by 20%”. The FTC opened investigation because they claimed that it was false and violated federal law. It appears as though the complaint was based on a certain study which demonstrated the improved attentiveness of the children. According to the FTC news release, this was in fact not accurate. It appeared as though just under 11% had better attentiveness. It appears as though the commission approved to the administrative complaint and the proposed consent agreement. It is was to public comment for 30 days beginning and continuing through May 19, 2009.

Public Citizen

Agreement containing consent order

Complaint

News release

The New Jersey Attorney General’s Office through the Division of Consumer Affairs conducts investigations and files suits on behalf of the state against various businesses alleged to have potentially committed acts in violation of New Jersey Law. As an example, there was a press release on June 5, 2009 indicating that the state files suits against Air Duct Cleaning Services. The defendants, United Air Care, Inc. and Indoor Air Care, LLC were alleged to have advertised “whole-house duct cleaning” for $39.95 to $69.95. The Attorney General’s Office is then alleging that the businesses induced the consumers to purchase more expensive services. It appears also that these businesses were not licensed or registered as home improvement contractors with the Division of Consumer Affairs. The Attorney General’s Office through the Division of Consumer Affairs filed an eight-count complaint alleging violations of the New Jersey Consumer Fraud Act, Contractor Registration Act and Home Improvement Practices Regulations. The Attorney General’s Office is alleging bait and switch advertising, failure to register, providing coupons of failing to honor those services, causing damage to consumer’s home and then failing to fix those damages, misrepresenting receipt of refunds or reimbursements, requiring consumers to sign estimates and not providing copies of those and a deceptive advertising.

This is but just one of various investigations and a complaint that the state has opened up in the last few years. Another example is on June 3, 2009, the state reached settlement with Rubin & Raine of New Jersey LLC. This pertained to certain collection efforts on behalf of Pascack Valley Hospital. Also, on April 14, 2009, the Division of Consumer Affairs issued a press release indicating that a tax preparation firm which was sued had reached settlement. The business involved was Malqui Financial Group, Inc. and Fast Tax Express Corp., both of which did business as Malqui Tax.

The Division of Consumer Affairs recently reached settlement with Rubin & Raine, Inc. and Rubin & Raine of New Jersey LLC. There was no admission of any wrongdoing and they agreed to comply with the State Consumer Fraud Act and Collection Agency Statute and Fair Debt Collection Practices Act.

There is a federal statute prohibiting various actions of debt collectors. This is known as the Fair Debt Collection Practices Act. If you have any questions or concerns pertaining to any debt that Rubin & Raine, Inc. and Rubin & Raine of New Jersey, LLC attempted to collect or International Portfolio Inc. of Conshohocken, Pa. Contact the firm of Carton & Rudnick and we will answer all questions. The Fair Debt Collection Practices Act is a powerful federal statute which prohibits inappropriate and deceptive conduct pertaining to the collection of debt