CONSUMER FRAUD CLAIMS AND THE NEW JERSEY CONSUMER FRAUD ACT
____________________________
keywords, New Jersey Consumer Fraud Act, deception, claim, consumer fraud, deceptive practices act.
1. New Jersey Consumer Fraud Act Statute
The New Jersey Consumer Fraud Act prohibits fraud, deception, and concealment of material fact. NJSA 56:8-2. It provides for enhanced damages and fees.
2. Types of Consumer Fraud Violations
New Jersey Model Jury Charge 4.23 stated:
"There are three possible bases for responsibility under the Consumer Fraud Act. The Act itself declares two general categories of conduct as unlawful. The first relates to that part of the Act which states that "any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation" is an unlawful practice. These are considered affirmative acts. The second general category of unlawful conduct is referred to as acts of omission. Such conduct involves the "knowing concealment, suppression or omission of any material fact". The third basis for responsibility under the Act is found in either specific-situation statutes or administrative regulations enacted to interpret the Act itself. Such statutes and regulations define specific conduct that is prohibited by law."
3. Is Proof of Intent Required under the Consumer Fraud Act
Under the first and third violations, proof of the violation can create liability. Proof of intent to defraud may not be required.
4. New Jersey and New York Consumer Fraud Acts Compared
New Jersey has a stronger consumer fraud act. The New Jersey statute provides for enhanced or treble damages. New Jersey caselaw imposes liability without proof of intentional conduct, while that issue is unsettled in New York. Consumer fraud act claims can involve thefollowing:
1) violation of specific regulations for home improvements, automobile sales,
2) misstatements of fact in almost every type of transaction,
Generally a professed lack of intent to defraud is not a defense.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 206, Flanders, New Jersey 07836
(973) 598-1980 E-mail Howian@aol.com
Fax (973) 598-1982
New York Office
305 Madison Avenue, Suite 449
New York, New York (212) 886-4838
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your consumer fraud case.
Links on consumer fraud Issues
keywords, New Jersey Consumer Fraud Act, deception, claim, consumer fraud, deceptive practices act.
consumer fraud act
regulations
Consumer fraud
enforcement actions
Consumer fraud and
governmental regulation case