Articles Tagged with The New Jersey Consumer Fraud Act and auto fraud

Opening Statement

I just updated my webpage to include an example of an opening statement in a trial against the car dealership for selling a car, used car with prior damage. Ordinarily, this takes approximately 15 to 20 minutes depending on how the court schedules the opening statements. This is the usual length of the trial in case which might last 3 or 4 days. Defense opening statement which goes 2nd at trial, would also be about 15 to 20 minutes.

This is an example of an opening statement, and a trial, where the plaintiff purchased the vehicle and the dealer told him the car was not in an accident. The plaintiff later discovered that the car was in an accident. This is an example of what I might tell the jury in a similar or substantially similar case. Each case is completely different but this auto fraud case is a bit of the standard fact pattern and has many common factors across cases I have handled.

State Agrees To Settlement with Cherry Hill Triplex in 2009

It appears as though the Division of Consumer Affairs has issued a press release settling an open matter with Cherry Hill Triplex, which is actually Foulke Management Corporation. Cherry Hill Triplex has agreed to a $750,000 settlement with the Attorney General’s Office and the Division of Consumer Affairs: $450,000 is restitution and $300,000 in the civil penalties, which are suspended. The Division of Consumer Affairs case resolves around a lawsuit they filed in March 2006 alleging violations of the New Jersey Consumer Fraud Act. Allegations arose out of the companies’ advertisement of $8,000 guaranteed for the trade, no credit check and instant credit qualifications. The Division of Consumer Affairs was alleging that Cherry Hill Triplex specifically stated “You instantly qualified, regardless of your credit”. The state also alleged that Cherry Hill Triplex failed to properly display prices on new and used motor vehicles. It appears as though Cherry Hill Triplex got caught making promises that they could not keep. The New Jersey Consumer Fraud Act prohibits affirmative misrepresentations that have the capacity to mislead.

Te Division of Consumer affairs has the power to enforce the Consumer Fraud Act and file suit and negotiate fines and penalties that have been or could be assessed by the State.  This Division has investigated and fined many dealer for deceptive practices.  Remember that you can files suit on your own against and business even if under investigation by the Division of Consumer Affairs

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