new jersey consumer fraud act treble damages
It was enacted in 1960 with three purposes. Under the New Jersey Consumer Fraud Act certain acts of misrepresentation can result in the court ordering the defendant to pay treble damages along with attorneys fees and costs.
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Remedies under the CFA include actual damages treble damages and attorneys fees.
. A violation of the New Jersey Consumer Fraud Act may allow the consumer to recover the following remedies against a dealer. Inspectors and the New Jersey Consumer Fraud Act. At 185 citation and internal quotation marks omitted.
568-1 et seq raises an eyebrow as the Act provides for treble damages attorneys fees filing fees and reasonable costs of suit should the plaintiff prevail. The Potential for Treble Damages and Attorneys Fees Under the Consumer Fraud Act Whether substantive or ministerial by failing to comply with the Consumer Fraud Acts requirements a contractor enables a customer to articulate at least a superficially legitimate Consumer Fraud Act claim that may not be quickly dismissed by a judge or arbitrator. Recovery of damages costs.
The New Jersey Consumer Fraud Act defines consumer fraud as any unconscionable commercial practice deception fraud false pretense false promise or misrepresentation in connection with the sale of goods services or real estate. If proven to be violated a successful consumer can acquire treble damages three times the dollar amount of damage inflicted to the consumer and attorneys fees and costs. Plaintiff Lorraine Labinowski appeals from a judgment of the Special Civil Part awarding her damages of double her security deposit less an amount applied to unpaid rent and denying her requests for treble damages under the New Jersey Consumer Fraud Act NJSA.
The Availability of Punitive Damages in New Jersey Fraud Cases In really offensive situations someone who commits fraud may be liable for punitive damages. Exemption from consumer fraud law certain real estate licensees circumstances. If a consumer is able to successfully sue for a New Jersey Consumer Fraud Act claim he or she is entitled to three times the amount of damages suffered called treble damages.
Given the breadth of the statute and its available remedies the CFAs popularity among New Jersey plaintiffs has shown no sign of slowing down. The New Jersey Supreme Court has held that the CFA applies to the sale of insurance policies. This is a powerful protection for consumers.
Originally enacted in 1960 to allow for the Attorney General to enforce its provisions it was amended in 1971 to allow for a private right of action treble damages costs and attorneys fees. The offending business must pay the consumers reasonable. The New Jersey Department of Consumer Affairs Consumer Fraud Regulations.
Although two of the cases dealt with claims involving homeowner improvement construction contracts the courts rulings extend beyond these types of contracts. Cancellation of fraudulent debts. 568-19 if a consumer-fraud plaintiff proves both an unlawful practice under the Act and an ascertainable loss DAgostino supra 216 NJ.
The Act was intended to give consumers a powerful weapon to fight against fraudulent and deceptive business practices. The Act achieves these goals by providing consumers with remedies such as treble damages three times the regular damages attorney fees and costs. The official text of New Jersey Statutes can be found through the home page of the New Jersey.
In several recent Consumer Fraud Act cases New Jersey courts have clarified the law concerning the award of attorneys fees expert fees and treble damages. Consumer Fraud Act LAW. Until recently the Product Liability Act which governs the strict product liability regime in New Jersey subsumed almost every cause of action into a products claim if the thrust of the claim was that of a defective product or warning.
The home inspection is a well-established part of the homebuying process. And 3 provide an incentive for competent attorneys to handle consumer protection matters. Attorneys fee award for prosecuting the claim.
The jury also found defendants liable under the CFA for two deceptive statements. Because fraud requires proof of knowledge or intent punitive damages can be awarded by a. Certain violations of real estate laws can lead to the award of treble damages.
568-1 to -20 and for attorneys fees. The New Jersey Consumer Fraud Act CFA is a statute that protects consumers by allowing them to recover treble damages and attorneys fees arising from an unconscionable commercial practice. The treble damages remedy is mandatory under NJSA.
Consumer Fraud Act Table of Contents. The following provides an overview of CFA law in New Jersey as it relates to Realtors. 1 compensate the victims.
Buyers rely upon the inspection to identify problems with the dwelling before the closing and the inspection report forms the basis for demanding repairs or credits. For defense attorneys and our clients any pleading which contains a count under the Consumer Fraud Act NJSA. 2 punish and deter fraudulent business practices.
The New Jersey Consumer Fraud Act is one of the strongest consumer protection laws in the nation. The New Jersey Consumer Fraud Act is fee shifting meaning that if the consumer is successful in his or her lawsuit. In this context the word sale includes rentals in addition to the traditional sale of goods and services.
Prejudgment interest was assessed on the entire damage award including the treble damages. That power comes from a provision in the law permitting the consumer to recover treble damages reasonable attorneys fees and. As part of New Jerseys Consumer Fraud Act homeowners can enforce strict laws against home improvement contractors that breach contracts perform negligently cause damage to homes misrepresent facts and commit fraud.
Thus there is a very high level of risk for home improvement contractors who violate these laws. Treble damages for an ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act violation. The defective construction included both common elements and individual unit windows.
Damages Available to Consumers in NJ Under the Consumer Fraud Laws Under the CFA you dont have to prove actual reliance upon the misrepresentations of facts or the omissions of facts in the vendors in their relationship with you. The Consumer Fraud Act allows for the potential of treble damages attorneys fees and costs to successful plaintiffs. If successful you may recover triple damages yes triple damages attorneys fees and costs of suit.
As a result plaintiff won treble damages and attorneys fees.
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