New Jersey Consumer Fraud Act
The New Jersey Consumer Fraud Act (“CFA”), embodied in N.J. Stat. Ann. § 56:8-1, et. seq., has protected consumers from deception and fraud since its enactment in 1960 and subsequent amendments.
NEW JERSEY CONSUMER FRAUD ACT
Connected to the sale or advertisement of goods, services or real estate to the general public, consumer fraud is any conduct that is:
- Unconscionable commercial practice,
- Deception or fraud,
- False pretense,
- False promise or misrepresentation, or
- Knowing concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression, or omission.
CFA permits any person, whether an individual or business, to file a CFA claim if that person established he or she has an “ascertainable loss” related to the act of consumer fraud. An ascertainable loss is the type of damage that is quantifiable or measurable.
Consumer fraud may be committed by:
- Affirmative Misrepresentation – an untrue statement irrespective of whether the person knew the statement was untrue.
- Knowing Omission – intentionally omits or failing to disclose a material fact, which is important to the transaction.
- Violations – regarding specific-situation statute or administrative regulations associated with the CFA.
CFA severely punishes the wrongdoer by permitting legal or equitable relief and mandating the award of:
- Three times the damages sustained by the plaintiff, as well as
- Attorney’s fees and costs
A New Jersey commercial litigation attorney offers examples of CFA’s protection:
- Sale, lease, service and/or repair of
- Motor vehicles
- Residential sale or lease
- Home construction or improvements
CONSULT A SKILLED NEW JERSEY COMMERCIAL LITIGATION ATTORNEY
The six-year statutory time limit to file a claim under the CFA accrues when the injured party suffers actual damage and discovers, or should have discovered, the facts essential to the CFA claim. If you suspect that you may have a CFA claim, don’t hesitate to contact us. Call Snellings Law LLC at (973) 265-6100 as soon as possible. Our New Jersey commercial litigation attorney will:
- Evaluate and investigate your claim,
- Determine the best strategy for you, and
- Guide you through the complicated process.