Law Office Of Paul DePetris
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New Jersey Consumer Fraud Class Action Facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERESY CONSUMER FRAUD CLASS ACTION CASE FACTS

WHAT IS A NEW JERSEY CLASS ACTION CASE?
A New Jersey class action case is a New Jersey case brought on behalf of a group of people – the New Jersey class action plaintiffs, often New Jersey residents, who suffered similar injuries or losses as a result of a New Jersey class action defendant’s misconduct.

WHAT IS THE PURPOSE OF A NEW JERSEY CONSUMER FRAUD CLASS ACTION CASE?
The purpose of a New Jersey Consumer Fraud Class Action certification is to save the litigants
and the public time and money and to promote consistent decisions for people with similar claims. A New Jersey Consumer Fraud Class Action may be the only form of resolution for some New Jersey Consumer Fraud claims, and failure to grant a New Jersey Consumer Fraud Class Action may destroy the New Jersey Consumer Fraud claims of the individuals in those instances. Since private New Jersey Consumer Fraud Class Action plaintiffs act as private attorneys general, a private New Jersey Consumer Fraud Class Action case may seek to remedy a New Jersey Consumer Fraud violation not only as it affects the named New Jersey Consumer Fraud Class Action plaintiff but also other New Jersey Consumer Fraud plaintiffs. New Jersey’s Courts theoretically liberally permit New Jersey class certification of New Jersey Consumer Fraud cases. Accordingly, where a New Jersey Consumer Fraud Class Action plaintiff seeks Class Action certification of a CFA claim, the rule governing New Jersey Consumer Fraud Class Action certification is liberally construed. New Jersey Consumer Fraud Class Actions are generally considered the superior way to resolve New Jersey Consumer Fraud cases. The
following factors favor New Jersey Consumer Fraud Class Actions:
(1) If each New Jersey Consumer Fraud Class Action plaintiff were only able to bring individual New Jersey Consumer Fraud lawsuits, the individual loss might be too small to justify a New Jersey Consumer Fraud lawsuit or the New Jersey Consumer Fraud Class Action plaintiff would be too disadvantaged to
seek relief. Such considerations might result in New Jersey Consumer Fraud violations going unpunished.
(2) New Jersey Consumer Fraud Class Actions may save time and money for the New Jersey Consumer Fraud Class Action plaintiffs and New Jersey Consumer Fraud Class Action defendants and the public.
(3) New Jersey Consumer Fraud Class Actions may promote consistent decisions for people with similar claims.
(4) New Jersey Consumer Fraud Class Actions potentially provide simple, inexpensive solutions to accomplish the greatest possible good for the greatest possible number of New Jersey Consumer Fraud Class Action plaintiffs having common New Jersey Consumer Fraud problems and New Jersey Consumer Fraud complaints as to a particular merchant and if the only vehicle for relief were individual New Jersey Consumer Fraud lawsuits, such efforts would require an unrealistic expenditure of judicial energy and conflict with current trends and consumer protective legislation. Thus, to provide New Jersey Consumer Fraud Class Action plaintiffs relief, New Jersey Courts permit class
action certification of New Jersey Consumer Fraud cases unless New Jersey Class Action certification is clearly unfeasible. The preference for New Jersey Consumer Fraud Class Action certification is stronger where: (a) there exists a common nucleus of law and fact that will decide an essential element of liability; and (b) the money at stake for each potential New Jersey Consumer Fraud Class Action member is too small to justify prosecution of individual New Jersey Consumer Fraud lawsuits. New Jersey Consumer Fraud Class Action certification is permitted even where: (a) the New Jersey Consumer Fraud claim involved theories of common law fraud as well as New Jersey Consumer Fraud violations; (b) there exist individual claims of reliance, causation and/or damages but a common core of operative facts and a common legal grievance.

HOW DOES A NEW JERSEY CONSUMER FRAUD CASE BECOME A NEW JERSEY CONSUMER FRAUD CLASS ACTION CASE?
To qualify as a New Jersey Consumer Fraud Class Action Case, the New Jersey case must meet the New Jersey class action certification test under the New Jersey Class Action Court Rule and be certified as a New Jersey Consumer Fraud Class Action. The New Jersey Court must decide whether the proposed New Jersey Consumer Fraud Class raises questions of law or fact common to the members of the proposed New Jersey Consumer Fraud Class that predominate over any questions affecting only individual members, and that a New Jersey Consumer Fraud Class Action case is superior to other available methods for the fair and efficient adjudication of the controversy. The New Jersey Court must decide whether the benefit from the determination in a New Jersey Consumer Fraud Class Action of common questions outweighs the problems of individual New Jersey Consumer Fraud cases.

WHAT IS THE TEST FOR NEW JERSEY CONSUMER FRAUD CLASS ACTION CERTIFICATION IN NEW JERSEY STATE COURTS?
For a New Jersey Consumer Fraud case to secure Class Action certification in New Jersey State Courts, the New Jersey Consumer Fraud case must meet the following requirements:
1. Numerosity—the New Jersey Consumer Fraud class is so numerous that joinder of all members is impracticable.
2. Commonality—questions of law or fact are common to the New Jersey Consumer Fraud class.
3. Typicality—the New Jersey Consumer Fraud claims or New Jersey Consumer Fraud defenses of the representative parties are typical of the New Jersey Consumer Fraud claims or New Jersey Consumer Fraud defenses of the New Jersey Consumer Fraud class.
4. Adequacy of Representation—the proposed New Jersey Consumer Fraud class attorney is sufficiently qualified and experienced to conduct the New Jersey Consumer Fraud litigation and there are no interests antagonistic to those of the potential New Jersey Consumer Fraud class and no apparent conflicts.
5. Predominance of Common Issues—whether the potential New Jersey Consumer Fraud class members, including absent New Jersey Consumer Fraud class members, seek to remedy a common legal grievance.
6. Superiority—a New Jersey Consumer Fraud Class Action is the superior method for deciding the New Jersey Consumer Fraud case.

New Jersey Courts deciding class certification consider an overarching principle of equity—that New Jersey Consumer Fraud Class Actions should be liberally allowed where New Jersey Consumer Fraud consumers seek to redress a common grievance under circumstances making individual New Jersey Consumer Fraud lawsuits uneconomical. Falling in that category of New Jersey Consumer Fraud cases are those where each New Jersey Consumer Fraud Class Action plaintiff shares a common grievance and incurs relatively small amounts of damages.

WHY WOULD POTENTIAL NEW JERSEY CONSUMER FRAUD CLASS ACTION DEFENDANTS RESIST A NEW JERSEY CONSUMER FRAUD CASE BEING CERTIFIED BY A NEW JERSEY COURT AS A NEW JERSEY CONSUMER FRAUD CLASS ACTION?
New Jersey Consumer Fraud class action defendants guard against the loss of money and prestige
accompanying a judgment for multiple small monetary claims subject to trebling and a potentially large New Jersey attorney’s fee award.

WHAT ARE SOME EXAMPLES OF SUCCESSFUL NEW JERSEY CONSUMER FRAUD CLASS ACTIONS OR POTENTIALLY SUCCESSFUL NEW JERSEY CONSUMER FRAUD CLASS ACTIONS?
The following are New Jersey Consumer Fraud cases successfully certified as New Jersey Consumer Fraud Class Actions in New Jersey state courts:
(1) 150 families purchased new homes and 26 of the families sought New Jersey Consumer Fraud Class Action certification of their New Jersey Consumer Fraud case against the New Jersey builder-developers of the New Jersey homes and its New Jersey real estate brokerage firm pertaining to nondisclosure of the existence of a nearby hazardous waste dump site.
(2) New Jersey Consumer Fraud Class Action plaintiffs alleged that a New Jersey carpet store airing
television commercials in New Jersey engaged in bait and switch tactics that violated the New Jersey Consumer Fraud Act.
(3) New Jersey Consumer Fraud Class Action plaintiffs alleged that a computer lessor’s imposition of a $50 late fee on a monthly payment of $53.64 constituted an unconscionable business
practice in violation of the New Jersey Consumer Fraud Act.
(4) New Jersey Consumer Fraud Class Action plaintiffs alleged that a group accident and
sickness insurance policy was deceptively marketed so as to imply that it included a nursing home
benefit when in fact it did not.
(5) New Jersey residents purchased so-called “vanishing premium” whole life insurance policies
from an out-of-state insurance company.
(5) A New Jersey Consumer Fraud complaint against a pharmaceutical company, on behalf of the New Jersey Consumer Fraud Class Action plaintiff and all similarly situated purchasers of dietary supplement pill,alleging that the New Jersey Consumer Fraud defendants devised and utilized a fraudulent, deceptive and improper advertising campaign.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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