NEW JERSEY CONSUMER FRAUD LAWYERS
Consumer Law, Consumer Fraud, NJ Lemon Law And NJ Consumer Protection Laws And Consumer Help
New Jersey Law Consumer Rights
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Representing clients harmed by fraud throughout NJ
When an unsuspecting consumer has been taken advantage of, misled, exploited, or deceived by a product, service provider, or corporation, it is an act of consumer fraud. Unfortunately, consumer fraud happens every day, but New Jersey has strong consumer protection laws to help foster a fair marketplace where consumers get what they pay for. If they do not, there is a penalty for those who purposefully mislead or deceive consumers.
PAGLIARA LAW GROUP stands up for clients who have been exploited and victimized. We offer a free initial consultation to discuss your consumer fraud case.
Consumer fraud and unfair trade practices
While most states have enacted consumer fraud or unfair trade practices laws, the New Jersey Consumer Fraud Act is known to provide some of the strongest protections in the country. Enacted in 1960 to “combat the increasingly widespread practice of defrauding the consumer,” it was modified in 1971 to allow private citizens to enforce its conditions. This law also allowed law firms to file lawsuits on behalf of defrauded individuals. The three main objectives of the New Jersey Consumer Fraud Act are:
- Compensate victims for their loss
- Punish the seller and award treble damages (triple the amount of remedies)
- Attract legal counsel by providing an incentive to take a case with a minor loss to the individual
The New Jersey Consumer Fraud Act and the relevant cases are covered in this section. The most important case is Cox v. Sears because the Supreme Court reinvigorated the Consumer Fraud Act with this case/analysis.
As a general matter the act is to be liberally construed because it is remedial legislation enacted for the benefit of the consumer. Many cases have required this analysis under the act and the Administrative Code sections. Litigating this area of law can be complex and requires an intensive understanding of the case law and the Administrative Code.
Used and new car scams have evolved over the years and have adjusted to the changes in the law and the law has adjusted to the changes in the marketplace. It is an ongoing process. New Jersey is blessed with some very solid and practical laws to protect both businesses and consumers with common sense. The laws recognize that those attempting to defraud cannot be trusted to act properly.
The laws are interpreted to permit the award of counsel fees to attract competent counsel to litigate these cases to stop wide scale fraud, and with the proliferation of the internet and internet fraud these laws are imperative for the marketplace to operate more efficiently.
The Division of Consumer Affairs is a very good resource for those seeking State help in these matters. They perform frequent investigations on various matters.
The Consumer Fraud Act requires triple damages on an ascertainable loss that has been suffered by a consumer and also the award of attorney fees as approved by the court. The consumer need not actually spend the money. The consumer can claim an ascertainable loss on an estimate of cost to repair or a reduction in value of such a product. On some issues an expert witness might be needed. The New Jersey Consumer Fraud Act should be liberally construed, interpreted in such a way that help consumers in their quest for justice and recovery of any losses as a result of deceptive practices.
New Jersey has some of the strongest and most effective consumer laws and consumer rights statutes among the 50 states. Not only are the statutes tremendously effective in battling deceptive practices and consumer fraud but the courts over the years including the Supreme Court and the Appellate Division have implemented the underlying concept that the rights granted to those in New Jersey and the laws underlying the establishment of those rights significantly help New Jersey in combating extensive consumer fraud and deceptive practices that have existed.
Some of the basic underlying concepts in that there is so much fraud and consumer fraud in New Jersey the governmental officials do not have the capacity nor the resources to fight all of the consumer fraud and fraud state of New Jersey including but not limited to deceptive automobile sales.
New Jersey courts have recognized that individuals that sue under the New Jersey consumer laws including the New Jersey Consumer Fraud Act are suing in the place where the shoes of the Atty. Gen. You might have heard of the term private attorney general, well in New Jersey when you make a claim for fraud or consumer fraud under a statute which prohibits the type of conduct you are litigating, you were actually acting as a private attorney general. You were litigating in the place of the state. The statutes permit you to do this and collect damages under the general concept that we are better off litigating their rights than waiting for the state that does not have the appropriate resources to stop all of the deceptive practices.
It is almost a kind of privatized justice. It gets more complicated when we mix in the concepts of the Federal Arbitration Act (FAA) and the New Jersey arbitration act in the context of prohibiting and stopping deceptive practices and consumer fraud. However, that argument is left for another day. We all know that there is a significant amount of fraud in the state of New Jersey in various industries including but not limited to the sale of used and new automobiles. The implementation of various laws pursuant to the New Jersey Consumer Fraud Act have helped millions of consumers obtain millions of dollars from these characters who have decided to take various shortcuts and use deceptive practices.
- A New Jersey Lawyer or Attorney for Fraud and Deceptive Contests and Giveaways
- Cox v. Sears 138 NJ 2 (1994), New Jersey Law on Ascertainable Loss or Measurable Loss under the Consumer Fraud Act
- Cuesta v. Classic Car 358 N.J.Super 512 (App.Div 2003)
- Gross v. TJH Automotice 380 N.J.Super 176 (App.Div 2005)
- Delaney v. Garden State Auto Mall, 318 N.J.Super. 15 (App.Div 1995). Consumer Fraud and Auto Fraud.
- Miller v. American Family Publishing, 284 N.J. Super 67, 76 (App. Div. 1995)(Consumer Fraud Act and Contests)
- Silver v. Autos of Amboy 267 N.J. Super 546 (App. Div. 1993)
- Cannon v. Cherry Hill 161 F.Supp.2d 362
- Berrie v. Toyota 267 N.J.Super 161 (App.Div 1993), a Lemon Law case
- NAACP v. Foulke Management 421 N.J.Super 404 (App.Div 2011). Consumer Arbitration Agreements and Consumer Fraud. Consumer Lawyers.
- Rockel v. Cherry Hill Dodge, 368 N.J.Super. 577 (App.Div 2004)(consumer fraud and arbitration agreements)
- Garfinkel v. Morristown Obstetrics & Gynecology Assocs., 168 N.J. 124, 127, (2001) (Consumer Arbitration Agreements)(Employment Arbitration Agreements)
- Walker v. Guiffre
- Ford Motor Credit v. Mendola – Breach of Warranty
- Weinberg v. Sprint Corp., 173 N.J. 233 (2002)
OUR CONSUMER LEGAL SERVICES ARE BELOW:
Click each category for more information.
PART 1 AUTO INDUSTRY
New Jersey Lemon Law: If you have purchased a new vehicle and the use, value or safety have been substantially affected you might have a Lemon Law claim under New Jersey law. There is both a used and a new car Lemon Law but they differ substantially. The consumer’s rights under these New Jersey laws are excellent and provide some excellent remedies for injured consumers.
Lease/Auto Fraud
Car Dealer Scams and Deceptive
Consumer Fraud Purchasing a Damaged Car
Finance Fraud when Purchasing Cars
Warranty Fraud
NJ Consumer Class Action
Car Dealership Lawsuits
False Advertising in Car Sales
Wrongful Repossession: It has to be peaceful and can not disturb the peace
Odometer Fraud and Roll Back: Purchasing a car with an inaccurate odometer and the seller knew or had reason to know. New Jersey Courts provide really good remedies for these victims.
Recalls: Recalls by the manufacturers have been extensive and affected the lives of millions of Americans. Here is some help for consumers: Check recalls by VIN here. Takata Recall information. General recall resource.
OTHER INDUSTRIES FOR CONSUMER FRAUD
Health club and Home repair
PART 2 TCPA Telephone Consumer Protection Act
TCPA Claims
PART 3 CREDIT REPORTING AND DEFENSE
See our Debt collection Defense page for FDCPA VIOLATIONS or if you are getting SUED or for Debt Settlement. CLICK HERE
CREDIT REPORTING ERRORS DISPUTES: CLICK HERE
FCRA-Fair Credit Reporting Act Rights: CLICK HERE
PART 4 COVID 19 CONSUMER RELATED LEGAL ISSUES
Covid-19 related consumer issues: CLICK HERE
PART 5 MISCELLANEOUS
- Credit card fraud: This is a billion-dollar business, but credit card companies have introduced a way to improve security by using an EMV chip that creates a unique transaction code that cannot be duplicated. This makes it much more difficult for thieves to defraud merchants and consumers.
- Violations of internet privacy: With the increasingly high levels of access to information, personal privacy and data security becomes a major concern for those of us who want to enjoy the convenience of operating within the digital economy. If your right to privacy has been violated, we represent clients throughout the process of obtaining the justice they deserve.
- Home improvement contractor fraud: When a contractor does not do the work properly, or fails to do the work at all, and has been paid for the job, this is considered fraud.
- Identity theft: This occurs when someone steals your personal information like a credit card number, social security number, or bank account number with the intention of committing fraud. Often, once the victim realizes what has happened, the damage is done. An act of consumer fraud can empty bank accounts, apply for loans, use credit cards, and ultimately ruin a victim’s credit score. It is important to be vigilant about protecting yourself against identity theft.
- Insurance fraud: Insurance companies may say a claim is unwarranted or uncovered and will deny payment, particularly after a catastrophic event that would warrant a large sum of money.
- Investor fraud: Some examples of investor fraud include unauthorized trading, misrepresentations and omissions, and recommending poor investments.
- Lemon law cases: When you purchase a car that needs constant repairs or simply does not work, this is an example of consumer fraud.
- Mortgage foreclosure scams: This happens when clients have been coerced into mortgage modification schemes and other foreclosure prevention scams.
Who can bring a consumer fraud act claim?
Consumers who believe that they have been defrauded or purposefully deceived can file a lawsuit under the NJ Consumer Fraud Act against the business merchant responsible for the wrongful conduct. A merchant is any commercial concern which sells or vends goods or services to consumers, or other merchants including:
- Banks
- Contractors
- Businesses
- Franchisees or franchisors
What damages are available under the NJ Consumer Fraud Act?
A plaintiff who has successfully proven that he or she has suffered an “ascertainable loss” because of consumer fraud, (which means that the loss is measurable) he or she may be entitled to recover triple the amount of damages and attorney’s fees. The triple damages penalty was intended to be punitive and to deter merchants from participating in the same type of conduct in the future.
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