New Jersey Lemon Law Lawyer Blog

24. If this question is answered it is too burdensome please explain why it would be too burdensome

25. Describe the online registration process?

26. If this is answered not relevant please explain why it is not relevant

27. If this question is answered it is too burdensome please explain why it would be too burdensome

28. In the plaintiff’s transaction what did the defendant do with the money collected for the credit inquiry fee?

29. If this is answered not relevant please explain why it is not relevant

30. If this question is answered it is too burdensome please explain why it would be too burdensome

31. Provide an estimate on the percentage of the used and new car transaction upon which any of the following were collected?

1. Destination and delivery
2. Used vehicle preparation
3. Credit Bureau Inquiry
4. Online Registration
5. Data Processing fee
6. Administration Fee

32. If this is answered not relevant please explain why it is not relevant

33. If this question is answered it is too burdensome please explain why it would be too burdensome

34. What software program does the defendant use to track transactions and provide accounting? Attach any manual for these transactions

35. If this is answered not relevant please explain why it is not relevant

36. If this question is answered it is too burdensome please explain why it would be too burdensome

37. Is the defendant familiar with the term pack? Is so what does it mean pertaining to the plaintiff’s transaction?

38. If this is answered not relevant please explain why it is not relevant

39. If this question is answered it is too burdensome please explain why it would be too burdensome

40. Attach coin sheets for the transaction for calendar year 2008 for all new and used transactions?

41. If this is answered not relevant please explain why it is not relevant

42. If this question is answered it is too burdensome please explain why it would be too burdensome

One part of the process of consumer litigation is called written discovery called exchanging interrogatories. These are sent to narrow the issues and establish the claim made by the plaintiff.

1. Why did the defendant collect the following form the plaintiff?

1. Destination and delivery
2. Used vehicle preparation
3. Credit Bureau Inquiry
4. Online Registration
5. Data Processing fee
6. Administration Fee

2. If this is answered not relevant please explain why it is not relevant

3. If this question is answered it is too burdensome please explain why it would be too burdensome

4. What actions did the defendant perform while collection money for the following

1. Destination and delivery
2. Used vehicle preparation
3. Credit Bureau Inquiry
4. Online Registration
5. Data Processing fee
6. Administration Fee

5. If this is answered not relevant please explain why it is not relevant

6. If this question is answered it is too burdensome please explain why it would be too burdensome

7. Was any money collected for the following paid to any third parties? If so how much?

1. Destination and delivery
2. Used vehicle preparation
3. Credit Bureau Inquiry
4. Online Registration
5. Data Processing fee
6. Administration Fee
7. If this is answered not relevant please explain why it is not relevant

9. If this question is answered it is too burdensome please explain why it would be too burdensome

10. Why did the defendants charge the plaintiff a destination and delivery while also charging the plaintiff for used car preparation?

11. If this is answered not relevant please explain why it is not relevant

12. If this question is answered it is too burdensome please explain why it would be too burdensome

13. Would the defendant describe the following as predelivery services? If not explain each answer.

1. Destination and delivery
2. Used vehicle preparation
3. Credit Bureau Inquiry
4. Online Registration
5. Data Processing fee
6. Administration Fee

14. If this is answered not relevant please explain why it is not relevant

15. If this question is answered it is too burdensome please explain why it would be too burdensome

16. How many used cars did the defendant sell in calendar years 2002-2006?

I17. f this is answered not relevant please explain why it is not relevant

18. If this question is answered it is too burdensome please explain why it would be too burdensome

19. How many new cars did the defendant sell in calendar years 2002-2006?

20. If this is answered not relevant please explain why it is not relevant

21. If this question is answered it is too burdensome please explain why it would be too burdensome

22. Were the following charged to used cars, new cars or both during the alleged class period?

1. Destination and delivery
2. Used vehicle preparation
3. Credit Bureau Inquiry
4. Online Registration
5. Data Processing fee
6. Administration Fee

23. If this is answered not relevant please explain why it is not relevant

COUNT III
Class Action
CLASS ACTION WAIVER
 
1. Plaintiff reasserts the facts as set forth
CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and signed class action waiver.
2.           TIME PERIOD: At a minimum from the date of the transaction to the same date 6 years earlier this period is applicable to the class persons who had a car repaired by the defendants.  However the defendant dealer has been concealing certain information and as such the class period could be greater.
3.           NUMEROSITY:  The members of the proposed class, being geographically disbursed and numbering in hundreds or thousands are so numerous that joining all of them is impracticable.
4.            TYPICALITY:  Plaintiffs’ claims are typical of class members claims, as the individual plaintiff purchased a vehicle from the defendant.  The plaintiff, by proving her claim, will be able to presumptively prove the claims of all class members.
5.           ADEQUACY OF REPRESENTATION: Plaintiffs’ can and will adequately represent and protect the class interest of the class and has no interest that conflicts with or are antagonistic to the interest of the class members.  Plaintiffs have retained attorneys who are compete and experienced in consumer fraud and class action litigation.  No conflict exists between plaintiffs and the other class members because:
A.             The claims of the named plaintiffs are typical of the absent class members claims;
 
B.             Any claims which plaintiffs assert against the defendant are solely related to the individual transaction as hereinafter alleged can be resolved without any prejudice to the class members.  Such claims can be effectively severed, tried separately or otherwise effectively and efficiently case managed by the trial court.  Such separate claims are set forth-in previous counts of the complaint listed hereto.
 
C.            All questions of law or fact regarding the liability of the defendant are common to the class and are overwhelmingly predominant over any individual issues, which may exist.
 
 
D.            Without class representation provided by plaintiffs virtually no class members would receive legal representation or redress for their injuries.
 
E.             Plaintiff’s counsel has the necessary financial resources to adequately and vigorously litigate this class action.
 
 
F.             Plaintiffs and class counsel are aware of the fiduciary responsibilities to class members and determined diligently to discharge those duties by vigorously seeking the maximum possible class recovery.
 
6.           QUESTIONS OF LAW AND FACT:  Virtually all  the issues of law and fact in this class action are common issues to the class that include the following:
Virtually, all the issues of law and fact in this class are common issues to the class that include the following: (a) What standard documents are used and do they contain class action waivers. 

7.       SUPERIORITY:  Class action is superior to any other available method for fair and efficient adjudication of this controversy given;
A.             Questions of Law and Fact overwhelmingly predominate over any individual questions that may arise, resulting in enormous economies to the Court and parties in litigating the common issues on a class wide instead of a repetitive individual basis.
 
B.             The relative small size of each class members individual damage claim which is to small to make an individual litigation an economically viable alternative such that a practicable matter there is no alternative means of adjudication in the class action;
 
C.            Few class members have any interest in individually controlling the prosecution of separate actions;
 
D.             Despite the relatively small size of individual class member claims, their aggregate volume coupled with economies of scale inherent in litigating similar claims on a common basis will enable this class action to be litigated on a cost effective basis, especially compared with repetitive individual litigation;
 
E.             No unusual difficulties are likely to be encountered in management of the class action.

8. N.J.S.A. 56:12-15. Consumer contract, warranty, notice or sign; violation of legal right of consumer or responsibility of seller, lessor, etc.; prohibition; exemptions
No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed. Consumer means any individual who buys, leases, borrows, or bails any money, property or service which is primarily for personal, family or household purposes. (Emphasis added).

9. The defendants had the plaintiff sign a contract that forfeits their right to pursue a class action in either arbitration or Superior Court and done so in violation of N.J.S.A. 56:8-12 and existing case law. The statutory damages are $100 plus fees and cost for each class member.

WHEREFORE, the plaintiffs demand against the defendant together with interest and costs of the suit with punitive damages.

JURY DEMAND
Plaintiff hereby demands a trial by a jury of six (6) jurors as to all issues raised in these pleadings.
DESIGNATION OF TRIAL COUNSEL
Pursuant to the provisions of Rule 4:25-4, the Court is advised that JONATHAN RUDNICK, ESQ., is hereby designated trial counsel.
CERTIFICATION
I hereby certify that, pursuant to R. 4:5-1(b)(2), this matter in controversy might arguably be considered the subject of a pending arbitration, filed with AAA. That matter was filed for individual claims while this matter is for class action claims.
CARTON & RUDNICK
Attorneys for Plaintiffs

BY:__________________________________
JONATHAN RUDNICK, ESQ.

COUNT II
Class Action
DESTINATION AND DELIVERY
 
1. Plaintiff reasserts the facts as set forth
CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and were charged destination and delivery fees.
2.           TIME PERIOD: At a minimum from the date of the transaction to the same date 6 years earlier this period is applicable to the class persons who had a car repaired by the defendants.  However the defendant dealer has been concealing certain information and as such the class period could be greater.
3.           NUMEROSITY:  The members of the proposed class, being geographically disbursed and numbering in hundreds or thousands are so numerous that joining all of them is impracticable.
4.            TYPICALITY:  Plaintiffs’ claims are typical of class members claims, as the individual plaintiff purchased a vehicle from the defendant.  The plaintiff, by proving her claim, will be able to presumptively prove the claims of all class members.
5.           ADEQUACY OF REPRESENTATION: Plaintiffs’ can and will adequately represent and protect the class interest of the class and has no interest that conflicts with or are antagonistic to the interest of the class members.  Plaintiffs have retained attorneys who are compete and experienced in consumer fraud and class action litigation.  No conflict exists between plaintiffs and the other class members because:
A.             The claims of the named plaintiffs are typical of the absent class members claims;
 
B.              Any claims which plaintiffs assert against the defendant are solely related to the individual transaction as hereinafter alleged can be resolved without any prejudice to the class members.  Such claims can be effectively severed, tried separately or otherwise effectively and efficiently case managed by the trial court.  Such separate claims are set forth-in previous counts of the complaint listed hereto.
 
C.              All questions of law or fact regarding the liability of the defendant are common to the class and are overwhelmingly predominant over any individual issues, which may exist.
 
 
D.              Without class representation provided by plaintiffs virtually no class members would receive legal representation or redress for their injuries.
 
E.             Plaintiff’s counsel has the necessary financial resources to adequately and vigorously litigate this class action.
 
 
F.              Plaintiffs and class counsel are aware of the fiduciary responsibilities to class members and determined diligently to discharge those duties by vigorously seeking the maximum possible class recovery.
 
6.           QUESTIONS OF LAW AND FACT:  Virtually all  the issues of law and fact in this class action are common issues to the class that include the following:
Virtually, all the issues of law and fact in this class are common issues to the class that include the following: (a) Why do the defendants collect the destination and delivery fees on used cars, (b) what services to the defendants perform on used cars (c) use of standardized buyers orders. 

7.       SUPERIORITY:  Class action is superior to any other available method for fair and efficient adjudication of this controversy given;
A.             Questions of Law and Fact overwhelmingly predominate over any individual questions that may arise, resulting in enormous economies to the Court and parties in litigating the common issues on a class wide instead of a repetitive individual basis.
 
B.             The relative small size of each class members individual damage claim which is to small to make an individual litigation an economically viable alternative such that a practicable matter there is no alternative means of adjudication in the class action;
 
C.            Few class members have any interest in individually controlling the prosecution of separate actions;
 
D.             Despite the relatively small size of individual class member claims, their aggregate volume coupled with economies of scale inherent in litigating similar claims on a common basis will enable this class action to be litigated on a cost effective basis, especially compared with repetitive individual litigation;
 
E.             No unusual difficulties are likely to be encountered in management of the class action.

8. The defendants committed violation of the NJ Consumer Fraud Act for improperly charging destination and delivery fees on the buyer’s orders. These are a fees without justification and/or value to the plaintiffs.
WHEREFORE, the plaintiffs demand against the defendant together with interest and costs of the suit with punitive damages.