Articles Posted in Investigations

Bergen County Verdict in a car sales case

$174,000 verdict for purchaser who did not get the title

www.consumer-attorney.com

 

 

CONSUMER PROTECTION
11-4-9287 Mehrnia v. Emporio Motor Group LLC, Chanc. Div.-Bergen Cnty. (Toskos, J.S.C.) (24 pp.) This case evolved from a dispute between several parties over their rights to the ownership of a used 2010 Ferrari. The car was sold several times. Plaintiff Mehrdad Mehrnia claimed that he purchased the vehicle for a price of $201,000. Defendant Hitfigure LLC claimed ownership of the 2010 Ferrari through a subsequent purchase for a price of $155,000. The dispute arose from the relationship between defendants Dream Cars National LLC and Gotham Dream Cars LLC and defendant Manhattan Leasing Enterprises Ltd. Gotham and Manhattan also claimed an ownership interest in the vehicle. At a time when Gotham was experiencing financial difficulties, Manhattan restructured their leasing arrangement, which led to Manhattan obtaining possession of the title to the 2010 Ferrari. Mehrnia purchased the car from Emporio Motor Group LLC, which had obtained the Ferrari from Manhattan. The Ferrari was later sold to Hitfigure. Mehrnia filed this litigation seeking a declaratory judgment that he was the owner of the Ferrari. He also asserted a consumer fraud and conversion claim against Gotham and Manhattan. Finally, Mehrnia included a civil conspiracy claim as to Emporio, Gotham and Manhattan, alleging that they conspired to deprive Mehrnia of his property.

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National Insurance Crime Bureau or NICB, appears to be an organization, a not-for-profit organization, to assist various entities including law enforcement and insurance companies in preventing various types of insurance fraud. It also appears that they had created, maintain and utilize a database which obtains information from insurance companies among other sources. It appears through the website that there is a service and/or database which were created through National Insurance Brime Bureau that appears to store information on vehicles, stored through their vehicle identification numbers.

It also appears that there is something called VINCheck which is a service various entities can use to check the history of automobiles. One would assume that the reliability and the usefulness of this database depend upon the source of the information.

The NICB was formed in 1992 from a merger between the National Automobile Theft Bureau (NATB) and the Insurance Crime Prevention Institute (ICPI), both of which were not-for-profit organizations. The NATB — which managed vehicle theft investigations and developed vehicle theft databases for use by the insurance industry — dates to the early 20th century, while the ICPI investigated insurance fraud for approximately 20 years before joining with the NATB to form the present National Insurance Crime Bureau.

NICB’s VINCheck is a free service provided to the public to assist in determining if a vehicle has been reported as stolen, but not recovered, or has been reported as a salvage vehicle by cooperating NICB member insurance companies. To perform a search, a vehicle identification number (VIN) is required. A maximum of five searches can be conducted within a 24-hour period per IP address.

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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.

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 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”

Car Salesmen 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 dealerships. 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.

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 salesmen.

Investigating
The Law Office of Jonathan Rudnick is investigating complaints against DEX for Embarq Yellow Pages, related to its crediting business accounts pursuant to its guarantee that an Embaq Yellow Page listing will generate certain numbers of calls each month. The Law Office of Jonathan Rudnick is investigating whether business are receiving the credits they are entitled to under the program and whether Dex is automatically providing the credits due under the guarantee. If you have listed your business with a DEX for Embarq Yellow Pages under a program guaranteeing you a certain number of calls, and have not received full and proper credits under your guarantee phone, please contact me.

We are not implying any wrongdoing or that a valid cause of action exists, but we are conducting an investigation.

The Attorney General has instituted suit against Brake O Rama for various conduct. A civil action has been instituted against them for consumer fraud.

If you have had work done by a Brake-O-Rama and you have any questions regarding a possible claim, please contact us.

All parties are presumed innocent and they are permitted a day in court.

New Jersey has a Division of Banking and Insurance.. There is a special division for banking. Most people forget that car dealerships have a banking license and are subject to regulation by the Division of Banking and Insurance. You can complete the following form and file a complaint against the dealership pertaining to banking issues.

The following information is contained on the website pertaining to filing a complaint.

How to File a Complaint