Remedies Under The New Jersey Consumer Fraud Act (Part I)

The New Jersey Consumer Fraud Act is one of the most powerful in the nation. It provides for the mandatory awarding of triple damages for any ascertainable loss. As an example if you have lost one dollar you would be entitled to three dollars in damages. If the defendant has committed consumer fraud the claimant would also be entitled to an award of attorney fees and costs.

The New Jersey Consumer Fraud Act requires that the claimant has sustained an ascertainable loss to receive a recovery under the act. Under certain circumstances, fees can be awarded with no ascertainable loss.

Weinberg v. Sprint Corp., 173 N.J. 233, 240 (2002) (Plaintiff need only present a fact issue to the jury as to whether there is an ascertainable loss to have fees awarded even if the jury awards no damages)

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