New Jersey Lemon Law Lawyer Blog

New Jersey Courts Online

The courts online web site received a face lift that is worth examining

It make easy access for discovery end dates and motions . Its worth a look for both the professional lawyer and the layperson alike.

Mass tort information.

Mass Tort Guidelines.

Appellate Division

Published appellate cases.

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Car Salesman and selling a car

Sometimes you just need to laugh. This is a commercial that some dealerships use to sell cars.
Have you ever met a car salesman like this? They can sell cars!!

This is good too!!

The New Jersey Consumer Fraud Act is to be Watered Down, significantly.

New Jersey has one of the strongest Consumer Fraud Acts in the United States.

There is pending legislation to change the Consumer Fraud Act and make it easier to avoid civil penalties for fraud.

The changes include provisions to exempt "out of state transactions" from the protections of the act.

The changes include the limitation on attorney fees.

The changes include the requirement for detrimental reliance AND makes treble or triple damages optional.

There are no real disincentives to discourage fraud. This bill encourages bad business practices.

THE TRUE COST OF FRAUD IS TREMENDOUS

CARTON AND RUDNICK

Anti Consumer Bill: New Jersey to Welcome Corrupt Businesses

Amy Handlin and John McKeon are sponsoring an anti consumer bill that would change the business landscape in New Jersey.

A key provision of the new New Jersey Consumer Fraud Act would exempt out of state transactions. This means the following. If a someone in New Jersey commits consumer fraud upon a non resident (living in NY, PA or CT) there are no consequences.

"a. apply only to transactions that take place in the State"

The Consumer Fraud Act would encourage businesses to travel to New Jersey to deceive people in other states on the internet or otherwise.

This bill makes consumer fraud easier and will encourage corrupt businesses and individuals to come to New Jersey where they will be protested. Amy Handlin is the co sponsor.

Car Salesman and Dealerships to be Protected with Proposed Changes in Consumer Fraud Act.

Amy Handlin and Jack McKeon have sponsored and introduced ANTI CONSUMER legislation to reduce consumer rights and protect car dealerships.

The changes in the Consumer Fraud Act would exempt or limit liability against businesses that are already regulated such as car dealership. It would also limit liability for consumers who consummate out of state transactions. This arguably contradicts other legislation that has been introduced to increase liability for those committing consumer fraud

CRACKDOWN ON INTERNET FRAUDS

The combination of these two laws would probably create conflicts and a haven in New Jersey for fraudsters.

CHANGES IN THE NEW JERSEY CONSUMER FRAUD ACT TO PROTECT CAR SALESMAN

Amy Handlin is the co-sponsor on this bill to protect car salesman

John McKeon is the primary Sponsor on this bill to protect car salesman

There is a bill pending in the Assembly which significantly and permanently change the way that businesses transact business in the State of New Jersey and the rights afforded to consumers. The bill is labeled [A3333] and if passed by the legislature and signed by the governor that would forever and permanently damage the rights of New Jersey consumers. There are various and daunting adoption in consumer rights in this bill. Unfortunately, this bill is sponsored by a democrat and a republican.

Initially, the substance of this bill would reduce consumers’ rights to proceed on claims against car dealerships.

A nickname for this bill should be the Car Dealership Protection Act. A major portion of the exemptions written to this bill would exempt businesses who were regulated by other agencies and/or authorities. This means that a car dealership who would be regulated by the Banking and Insurance and the Division of Motor Vehicles would likely be exempt from the protections that consumers have under the New Jersey Consumer Fraud Act.

Hypothetically, if a car dealership were to have to a new car on their lot, crash it and sell this vehicle which was damaged, the plaintiff would be without rights under the New Jersey Consumer Fraud Act. This would mean that an individual could not sue the direct car dealership for consumer fraud and seek attorney’s fees and triple damages. The car dealerships would gain significant protection if this bill were passed. This bill is definitely and certainly anti-consumer in every way, shape and form. This bill would protect businesses that engaged in fraudulent acts to the detriment of consumers.

It would force the conduct of businesses to be reduced to the lowest common denominator. In effect, the businesses that were acting honestly and within the law would be encouraged and forced to act in the manner inconsistent with the law as a result of the competition with the illegal or improper businesses. This is anti-competitive and will cost New Jersey consumers a significant amount of money. There would be almost no consequences for violating the law.

This is scary stiff taken from a NHTSA report: Be carefull

Driving home from work, I experienced a sudden uncontrollable surge in
acceleration causing my speed to increase from about 60 mph to 80+ mph.
Immediately I began to brake hard as I was rapidly approaching traffic just
ahead of me. Fortunately the inside left lane was unoccupied and I was able to
make an immediate lane change. Initially I depressed the brake pedal as hard as I
could using both feet but only managed to slow the vehicle to 40-45 mph. With
my speed reduced, I alternated between pumping the accelerator pedal and
pulling up on it from the underside with my right foot as it became clear that the
throttle was stuck in an open position. The vehicle continued to speed back up to
over 65 mph with less pressure on the brake pedal.
With traffic just ahead of me, I moved over to the left shoulder next to the
center barrier and continued to try to release the open throttle. There were
clouds of smoke around the vehicle and the smell of burning materials from the
overheating brakes. After finally getting the vehicle slowed down to about 25-30
mph, I shifted into “Neutral” and depressed the start/stop push button a number
of times hoping to stop the engine but nothing happened. Instead the RPMs
moved up into the redline range on the tachometer. I quickly shifted back into
“Drive”; the vehicle jolted and rapidly accelerated to 60+ mph.
As the brakes were fading quickly, I was certain that I would need to shift
back into “Neutral” and let the engine blow up to stop the vehicle. Suddenly the
acceleration surge stopped and I was able to bring the vehicle to a stop about 1 ½
to 2 miles from where it had started. I quickly shifted into “Park” and depressed
the start/stop push button to turn off the engine. The vehicle seemed to shutter as
I did so. Upon restarting the car, I drove cautiously to Lexus of Wayzata a short
distance away fully prepared to shift into “Neutral” if the acceleration repeated.
The car remains there over 5 weeks later.

State sues certain Sansone dealerships

Complete story

Sansone Ford Lincoln Mercury
Sansone Dodge in Ocean Township
Sansone Chevrolet
Sansone's Route 1 Auto Mall in the Avenel section of Woodbridge

According to the story the Sansone Dealership failed to disclose the condition of the vehicles

The Ag's Office was quoted as saying

"There is no doubt that consumers would want to know and must be told about prior damage to, and fleet or rental use of, a vehicle that they are considering for purchase,"

To be fair to Sansone and the Ag's Office the law in each of these areas need to be addressed specific posts.

What are the laws on damage and disclosure?
What are the laws on Consumer Fraud?
How is the State lawsuit by AG different than a normal persons civil lawsuit?
What is a consent order and how does it affect Sansone Dealerships?

How can I get a copy of the complaint?

There is a presumption of innocence because the State has to prove a case like any other plaintiff and until proven these are only allegations are only that. I am certain the allegations are denied by the lawyers and the dealers involved. This is why we have trials to make these determinations of innocence or non innocence.

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Credit Card Companies - New Rules

For years the credit card companies have implemented RULES when the credit card agreement was signed that were onerous at best. With the economy failing the Board of Governors has changed the playing filed to help the consumers and the changes are significant.

New Rules

More time to make your payment

Paying off higher interest rate balance first

Prohibit increased rates for that would be deemed penalty rates

Two cycle billing for balances

Firm offers of credit

These are significant changes but they do not take effect until 2010

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Wachovia Settlement

It appears that Wachovia Corp settled for up to $125 million for the following

The telemarketers then used that information to write checks to themselves, purportedly from the consumers they had called. These checks did not require a signature from the accountholder; instead, the signature block included text such as "authorized by your depositor, no signature required."

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New Jersey Division of Consumer Affairs

The State has a great site dedicated to Lemon Law in the State of New Jersey.

There is a list of publications at the Division of Consumer Affairs site.

File a complaint

Licensing Board information.

Division of civil rights

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Estimated Maintenance Costs.

This site is worth a book mark. You can find all of the maintenance needs for a car and how much this will cost over the life of a car. It also has technical service bulletins and recall info

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Car Salesman Code Words

Car Salesman have code words for many situations and they are not flattering. Most imply that are maximizing the profit or poor negotiating skills of the salesman. They are real.

(from edmunds.com)
Be-backs - A customer who leaves the car lot promising to return later, saying, "I'll be back," or some variation of that statement. "The guy was a be-back. But I think he meant it. I'll see him again."

Boss - The typical way that salespeople address the managers or the GM. "Hey boss! Got a deal for you!"

Bumping - Raising the customer's offer for a car. "If Mr. Customer says he only wants to pay $250 a month, just say, 'Up to -- ?' He'll probably bump himself up to $300 without you doing anything."

Closer - An experienced salesman who is brought in to "close" the customer by making them agree to a deal. "If I worked with a better closer I'd have more units on the board."

Desk - This is the sales manager, not the place he sits. "Ask the desk if these rebates are still in effect."

Demo - This is the test drive. "This guy comes in, demos the car and I think he's ready to buy, right? Then he tells me the car's for his wife and he can't make a decision without her."

F&I - This stands for the Finance and Insurance office where the documents are signed. The F&I salesperson usually will push products such as extended warranties, fabric protection and alarms. "The wait for F&I is two hours. Better stick with your customer so they don't leave."

Full pop lease - This is when a vehicle is leased at 110 percent of the sticker price - the highest amount allowed by most banks. "I got them into a full pop lease. I'll get a nice voucher for that."

GM - The General Manager. The GM is the head honcho at the dealership. He runs the business from day to day. "The guys were standing out on the curb drinking coffee so the GM called them into the tower and read them the riot act."

Green pea - A new salesperson. "The funny thing is, green peas can outsell the veterans. That's because they don't know how hard this job is."

Grinder - A customer who negotiates for hours over a small amount of money. "We were only $500 apart but the guy wouldn't sign. Man, what a grinder."

Lay down - A customer who takes whatever deal the salesperson offers. "I quoted him monthly payments of $575 and he took it! I wish all the customers were lay downs like that."

Mini - The commission on a deal where the car was sold at close to invoice price. "Sure, the deal was only a mini. But I qualified for a weekend bonus and made a grand."

Mooch - A customer who wants to buy a car at invoice. "People are spending too much time on the Internet. It's turning them into a bunch of mooches."

Packing payments - Adding extra profit to the cost of a car. "This place I used to work got busted for packing payments. Next job I get is going to be in a no-haggle store."

The Point - The place on the car lot where the "up" man stands looking for customers. "The GM saw me standing on the point with my hands in my pockets. He went ballistic and sent me home for the day."

Pounder - A deal with $1,000 profit in it. "Doctor comes in and buys the top of the line model, fully loaded - and he pays sticker! That'll be a two pounder for me."

Rip their heads off - This describes taking a customer to the cleaners. "I stole their trade in, I sold them the car at a grand over sticker - I mean, I just ripped their heads off."

Roach - A customer with bad credit. Not to be confused with the "roach coach" (see entry below). "The guy looked good. But we ran his credit and he turned out to be a roach. We're talkin' a 400 credit score here."

Roach coach - The food truck that comes around to the dealership every day. "I should've known better than to eat that chili from the roach coach. My stomach's killin' me."

Spiff - A tip, kickback or payment of any kind, usually cash which is handed between salespeople. "I spiffed the F&I guy $20 bucks and he took my customers first."

Strong - This has a special meaning on the car lot. It means holding firm on your price and being a tough negotiator. "When they ask for your price you have to be strong. Hit 'em with high payments, then scrape them off the ceiling and start negotiating." (See also "weak.")

Tower - The office where the sales managers work. This is usually a raised platform allowing the managers to see over the roofs of the cars so they can watch customers and their salespeople. "Attention: All new car salesmen report to the new car tower!"

Turn over - Also known as "turning," this is the practice of passing a customer from one salesman to another. It is thought that this will prevent customers from leaving the car lot. The theory is that the customer might just have bad chemistry with the first salesman and he might like the next salesman. "I turned this guy to my partner and he wound up buying. I'll get half of the commission on the deal."

Up - A customer that walks on the car lot. The term probably comes from the order in which customers are taken, as in: "I'm up next." Many dealerships also have an up system. "We've got ups all over the lot, and you're in the back drinking coffee?!"

Voucher - Car salespeople receive a voucher to let them know what their commission was for selling a car. They don't know until the deal is finalized exactly how much they will receive. "Check out this voucher. I thought I had a pounder. Instead it's a mini."

Weak - This describes being a weak negotiator or coming down too quickly on price. "The guy was weak so he only lasted a few months. How are you going to make money in this business if you give away cars?"

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New Jersey Agencies

This a listing of all New Jersey Agencies and a ling to their homepage. Very Useful.

List of agencies

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US Food and Drug Association: Consumer Issues

Potential Signals of Serious Risks/New Safety Information Identified by the Adverse Event Reporting System (AERS) January - March 2008

The FDA has recently published a list of drugs that it has been watching that might possibly have issues with side effects. To be very fair the FDA specifically states the following:

It means that FDA has identified a potential safety issue, but does not mean that FDA has identified a causal relationship between the drug and the listed risk

What is the point of this "list" because its not fair to the companies who have sold these drugs and not fair to the consumers who are taking these drugs. The FDA has said here is a list and it means nothing one way or the other. Why bother at all!

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United States Code

If you need access to the entire United States Code. It is very well organized and also searchable. I highly recommends this site for you use.

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Wards Online

There are several online resources for those in the auto business. Wards is as good as nada.org. The are article on current issues in the car business:

GM’s Lutz Calls for Break on Crash-Testing in U.S.

Ultra-Low-Cost Cars Pose Opportunities, Risks, Study Shows

Wards Special Reports

This site is worth a look because it says a lot about the big dealerships and how much money they make in finance, service and just selling cars.

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Odometer Roll Back

The Star Ledger reported that a man admitted to odometer fraud in Federal Court on a case that has been pending since 2004.

In 2004 the FBI arrested 17 in a ring that was alleged to have been rolling back odometers.

It was alleged that:

Robert FIORELLO was the financier of the following businesses and as the leader of the Criminal Enterprise, directed all activity in this illegal operation;

JPF AUTO SALES, Bloomfield, NJ
SEMI MOTORS, Garfield, NJ
TRIBUTE AUTO SALES, Bloomfield, NJ
MJS AUTO SALES, Bloomfield, NJ
RP AUTO SALES, Keansburg, NJ
BLOOMINGDALE MOTORS, Bloomfield/Bridgeton, NJ

The enterprise was purchasing cars and rolling the odometers back by hand and by using a computer. The cars would be resold for a higher amount due to the lower mileage.

Odometer roll back

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http://www.consumer-attorney.com/lawyer-attorney-1299380.html

Recently I have received some calls form Direct Buy customers complaining of the terms of the membership. What is going with direct buy customers? Just do a search of Direct Buy and complaints and the results are amazing.

Look at the compilation site. There is extensive information of complaints against Direct Buy.

This link addresses the complaints complaints against Direct Buy.

Complaints maintained by Ripoffreport.com

I am certain that direct buy would deny that they are doing anything improper and the existence of a complaint does not imply they are doing anything wrong.

If you want to follow the automotive industry and all the goings on you should visit this site