Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Consumer Fraud Dictionary

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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 JERSEY CONSUMER FRAUD DICTIONARY

administrative code -- a term for a series of regulations more properly called the “New Jersey Administrative Code”. Through the New Jersey Division of Consumer Affairs, the New Jersey Attorney General’s office has the right to enact regulations about how certain merchants conduct their business. These regulations cover such businesses as home repair contractors, automotive repair shops, new and used automotive sales, home appliances, home furnishings and health club memberships. In many cases, failing to follow administrative regulations results in a violation of the New Jersey Consumer Fraud Act.

affirmative act -- a term used to describe a particular type of violation of the law. New Jersey Consumer Fraud Act prohibits merchants from committing certain conduct. In this context, “affirmative act” means:
something done voluntarily by a person; whether physical acts; or steps taken voluntarily by a person;
to advance a plan or design; or to accomplish a purpose.

ascertainable loss -- the term for the loss of money or property suffered by a person or business that is a victim of a violation of the New Jersey Consumer Fraud Act. To recover money damages under the New Jersey Consumer Fraud Act, you must prove that: (1) You were the victim of an unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation in connection with the sale or advertisement of any merchandise or real estate or with the subsequent performance of such person; or (2) You were the victim of the knowing concealment, suppression, or omission of any material fact with intent that you rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate or with the subsequent performance of such person; or (3) You were the victim of a violation of a section of the new jersey consumer fraud act or an administrative regulation that prohibits consumer fraud; and (5) the misconduct directly caused you to lose property or money; and (6) You are able to supply an estimate of your damages, calculated within a reasonable degree of certainty that proves you suffered those losses

attorney’s fees – the attorney’s fees recoverable by a consumer who is a victim of a violation of the New Jersey Consumer Fraud Act. The consumer may only recover fees that are “reasonable” and it is up to a court to decide the reasonableness and amount of fees to which a consumer is entitled.

consumer -- Under the New Jersey Consumer Fraud Act, the following categories of individuals or entities may qualify as consumers: Natural person or their legal representative; Partnership; Corporation; Company; Trust; Business entity or association; Any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trustent of the aforesaid. However, to be a valid consumer, the individual or entity must generally: (1) purchase goods or services to which their dispute pertains for their own use them rather than merely to resell them; and (2) must suffer any ascertainable loss of moneys or property as a result of any practice declared unlawful under the New Jersey Consumer Fraud Act. Under the New Jersey Consumer Fraud Act, in the right circumstances, sophisticated businesses buying machinery may qualify for relief. Also, a consumer may be a plaintiff, defendant or third party plaintiff, since the New Jersey Consumer Fraud Act may be raised in a complaint (lawsuit), answer to a lawsuit or in a counterclaim to a lawsuit (countersuit).

deception -- conduct or an advertisement; misleading to an average consumer to the extent that it is capable of and likely to mislead an average consumer.

equitable estoppel – a possible defense merchants may use to avoid claims that they violated the New Jersey Consumer Fraud Act. Equitable estoppel prevents injustice by preventing a consumer from disowning a course of action on which the merchant relied to their detriment. To prove equitable estoppel sufficient to defeat a violation of the New Jersey Consumer Fraud Act, the merchant must normally show that the consumer’s actions caused the merchant to commit the consumer fraud violation for which the consumer seeks relief.

equitable remedies and relief – Terms that describe certain types of relief to which consumers and/or the New Jersey Attorney General may be entitled for violations of the New Jersey Consumer Fraud Act. Equitable remedies and relief potentially available under the New Jersey Consumer Fraud Act include the following: (1) refunds of money or property lost as a result of consumer fraud; (2) cancellation of a debt that is the product of fraud; (3) appointment of a receiver over merchants committing consumer fraud; (4) an accounting from merchants committing consumer fraud; (5) entry of an injunction against merchants committing consumer fraud, such as the prohibition against future misconduct or preventing an individual from managing or owing any business organization in New Jersey; (6) revocation of a merchant’s licenses, permits or certificates issued pursuant to New Jersey laws or administrative regulations.; (7) return of a merchant’s profits that resulted from consumer fraud; mandatory product recalls; (8) inspections, testing and repairs, if necessary; requiring merchants that commit consumer fraud to issue revised advertising statements, marketing materials and product packaging.

false pretense -- an untruth;knowingly expressed by a wrongdoer.

false promise -- an untrue commitment or pledge; communicated to another person; to create the possibility that that other person will be misled.

fraud -- a perversion of the truth; or a misstatement; or a falsehood; communicated to another person; and creating the possibility that that other person will be cheated.

knowing omission -- a term used to describe a particular type of violation of the law. New Jersey Consumer Fraud Act prohibits merchants from committing certain conduct. In this context, “knowing omission” means: the knowing, concealment, suppression or omission; of any material fact; with intent that others rely upon such concealment, suppression or omission.

misrepresentation -- an untrue statement; made to deceive or mislead; made about a fact which is important or significant to the sale/advertisement; communicated to another person; to create the possibility that other person will be misled.

New Jersey Administrative Code - A term for a series of regulations. Through the New Jersey Division of Consumer Affairs, the New Jersey Attorney General’s office has the right to enact regulations about how certain merchants conduct their business. These regulations cover such businesses as home repair contractors, automotive repair shops, new and used automotive sales, home appliances, home furnishings and health club memberships. In many cases, failing to follow administrative regulations results in a violation of the New Jersey Consumer Fraud Act.

New Jersey Consumer Fraud Act – A law passed by the New Jersey Legislature in 1960 "to permit the Attorney General to combat the increasingly widespread practice of defrauding the consumer." In its original form, the New Jersey Consumer Fraud Act gave the New Jersey Attorney General the power to investigate and prosecute consumer fraud complaints and make rules and regulations about certain business practices. In 1971, the New Jersey Legislature changed the New Jersey Consumer Fraud Act in an effort to make it one of the strongest consumer protection laws in the United States of America. These changes to the New Jersey Consumer Fraud Act expanded the definition of "unlawful practice" to include "unconscionable commercial practices," increased the Attorney General's enforcement powers and allowed private individuals to bring their own New Jersey Consumer Fraud Act cases to court and allowed them to recover awards of treble damages, attorneys' fees, and costs.

treble damages – If a consumer proves that they suffered an ascertainable loss of money or property – a loss that is caused by a violation of the New Jersey Consumer Fraud Act and that is able to be calculated with a reasonable degree of certainty – that consumer may qualify for an award of three times the amount of their ascertainable losses.

unconscionable commercial practice -- an activity in the public marketplace; that is basically unfair or unjust; and that materially departs from standards of good faith, honesty in fact and fair dealing.

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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