Law Office Of Paul DePetris
paul@newjerseylemon.com

Purpose Of The New Jersey Consumer Fraud Act

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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

PURPOSE OF THE NEW JERSEY CONSUMER FRAUD ACT

WHAT IS THE PURPOSE OF THE NEW JERSEY CONSUMER FRAUD ACT?
Many of us have heard the Latin phrase caveat emptor: “let the buyer beware.” That statement allows little relief to a New Jersey consumer. That statement does not reflect current law in New Jersey. Here, we have a more ethical approach in business dealings with one another. Therefore, each of us may rely on representations made by another in a New Jersey business transaction. This approach is reflected in a New Jersey law, The New Jersey Consumer Fraud Act. The New Jersey Consumer Fraud Act attempts to eliminate deception in the marketplace. As business expanded in New Jersey, the public was increasingly victimized by fraudulent conduct. The New Jersey Consumer Fraud Act attempts to protect New Jersey Consumer Fraud victims from shady business practices by increasing their leverage in the marketplace. The New Jersey Consumer Fraud Act is aimed at unlawful sales and advertising practices that deceive New Jersey Consumer Fraud victims into purchasing many kinds of goods and services, regardless of whether those practices involve affirmative misrepresentations or the failure to disclose crucial information. The New Jersey Consumer Fraud Act emphasizes disclosure of information that helps New Jersey Consumer Fraud victims to make informed decisions when buying goods and services. By allowing New Jersey Consumer Fraud victims losing money or property as a result of New Jersey Consumer Fraud Act violations to recover triple their losses, the New Jersey Consumer Fraud Act seeks to discourage unfair and deceptive sales practices and to force businesses to take action to prevent consumer fraud. For example, in many transactions, the New Jersey Consumer Fraud Act requires automotive repair shops, home repair contractors, furniture New Jersey sellers, boat repair shops and automotive manufacturers to disclose certain information in writing. A New Jersey seller’s failure to properly disclose that information may result in a New Jersey Consumer Fraud Act violation without the need to prove that the New Jersey seller acted in bad faith or otherwise intended to violate the New Jersey Consumer Fraud Act. Also, by allowing New Jersey Consumer Fraud victims to bring their own lawsuits against New Jersey sellers violating the New Jersey Consumer Fraud Act, it is designed to help consumer fraud victims recover their losses. Individuals who prove that they lost money or property from violations of the New Jersey Consumer Fraud Act may recover money damages for their losses, refunds, get fraudulent contracts cancelled and eliminate fraudulent debts. By letting victims of New Jersey Consumer Fraud Act violations recover their reasonable attorney’s fees and certain litigation expenses, the New Jersey Consumer Fraud Act encourages New Jersey Consumer Fraud victims to hire New Jersey attorneys, since the New Jersey Consumer Fraud victims have the opportunity to recover certain money spent prosecuting their New Jersey Consumer Fraud Act claims. Because the New Jersey Consumer Fraud Act is a law designed to help New Jersey Consumer Fraud victims, New Jersey Courts are supposed to interpret the New Jersey Consumer Fraud Act in a liberal way rather than in a way that might favor the victimizing New Jersey seller. For example, New Jersey Consumer Fraud Act claims do not require proof of any of the following:

• New Jersey seller’s bad faith
• New Jersey seller’s intent (when the New Jersey seller’s conduct involves an affirmative act)
• The existence of a written contract between the New Jersey consumer and the New Jersey seller
• The New Jersey consumer is a resident of the State of New Jersey
• The New Jersey seller’s business is located in the State of New Jersey
• The New Jersey consumer is not a business
• The product or service was purchased primarily for personal, family or household purposes

HOW DOES THE NEW JERSEY CONSUMER FRAUD ACT ACHIEVE ITS PURPOSE?
New Jersey Consumer Fraud triple damages, also called New Jersey Consumer Fraud treble damages, are available to certain New Jersey Consumer Fraud plaintiffs. The tripling of the New Jersey Consumer Fraud award is meant to punish the New Jersey Consumer Fraud defendant. To win New Jersey Consumer Fraud triple damages under the New Jersey Consumer Fraud Act, a New Jersey Consumer Fraud plaintiff must prove that the New Jersey Consumer Fraud plaintiff lost money or property as a result of the New Jersey Consumer Fraud defendant’s New Jersey Consumer Fraud Act violation. The New Jersey Consumer Fraud plaintiff is allowed to receive an award of money for the New Jersey Consumer Fraud plaintiff’s Consumer Fraud loss proximately caused by the New Jersey Consumer Fraud defendant. If the New Jersey court finds that the New Jersey Consumer Fraud Act was violated and the New Jersey court awards New Jersey Consumer Fraud damages, the New Jersey Consumer Fraud Act requires the New Jersey court to triple whatever amount of damages that the New Jersey court awards to the New Jersey Consumer Fraud plaintiff. If the New Jersey court award damages to a New Jersey Consumer Fraud plaintiff, the New Jersey Consumer Fraud Act also requires the New Jersey court to compel the New Jersey Consumer Fraud defendant to pay whatever reasonable attorney’s fees that the New Jersey Consumer Fraud plaintiff incurred in the New Jersey Consumer Fraud Act case. Only a New Jersey judge decides the proper amount of a New Jersey Consumer Fraud attorney’s fee award.



DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CONSUMER FRAUD ACT DISPUTES?
Yes. Paul DePetris has performed the following tasks:
• represented New Jersey Consumer Fraud victims, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents, junk yard dealers, automobile purchasers and owners, new and used car dealers, banks and automotive lenders, boat purchasers and owners, watercraft purchasers and owners and marinas in New Jersey Consumer Fraud Act disputes.
• appeared in court in cases involving New Jersey Consumer Fraud Act disputes.
• mediated, arbitrated and tried New Jersey Consumer Fraud Act cases.

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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