WHAT ARE THE NEW JERSEY CONSUMER FRAUD ACT

AUTOMOTIVE REPAIR REGULATIONS?

Automotive repair shops engaging in unfair and fraudulent business practices and the abuses those shops heap upon consumers are one of the areas that the New Jersey Consumer Fraud Act specifically targets.   The New Jersey Division of Consumer Affairs adopted a series of regulations that protect consumers from automotive repair shops that commit unfair and fraudulent business practices. 

A violation of any of these regulations violates the New Jersey Consumer Fraud Act.   Automotive repair shops can commit a violation of the New Jersey Consumer Fraud Act even when the shop acts in good faith, since the automotive repair shop’s intent to violate the New Jersey Consumer Fraud Act makes no difference at all.  Mere proof of a regulatory violation combined with proof of a loss of money or property as a direct result of the violation, is enough to establish wrongful conduct under the New Jersey Consumer Fraud Act.  

EXAMPLES OF VIOLATIONS OF THE

NEW JERSEY CONSUMER FRAUD ACT AUTOMOTIVE REPAIR REGULATIONS

The following are examples of situations where courts found that automotive repair shops violated the New Jersey Consumer Fraud Act:

·         A Pennsylvania automotive repair shop violated the New Jersey Consumer Fraud Act automotive repair regulations by failing to obtain written authorization for work signed by automobile's owner and failing to give the owner a written estimate of the price of repairs.

·         A dispute involving an automotive repair shop performing repairs and customization work to turn an automobile into a show-quality, off-the-road vehicle able to be entered in car shows. The automotive repair shop neither gave the consumer a written estimate nor made them sign a waiver of the need for a written estimate and later, the automotive repair shop presented the consumer with a final bill that far exceeds the anticipated cost of repairs.

·         An automotive repair shop that performed repairs to a consumer’s 427 cubic inch engine and on the consumer’s 1968 and 1986 Chevrolet Camaros violated the New Jersey Consumer Fraud Act by failing to provide the consumer with a written estimate and obtain a written authorization to perform work on the automobile.  While the automobile repair shop’s violations of the New Jersey Consumer Fraud Act did not cause the consumer to sustain any damages, the consumer was still entitled to an award of reasonable attorney’s fees and costs of suit from the automotive repair shop.

·         A customer left his accident damaged 2001 Toyota Tacoma pickup truck at an automotive repair shop with the understanding that the repair work would be performed after the consumer’s insurance company inspected the damage and authorized repairs and that the automotive repair shop would follow up with the insurance company.   While the insurance company ultimately covered the claim, the automotive repair shop violated the New Jersey Consumer Fraud Act by commencing work without first providing the consumer with a written estimate and without obtaining a written waiver or authorization from the consumer to proceed with repairs not in excess of a specific dollar amount.  While the automobile repair shop’s violations of the New Jersey Consumer Fraud Act did not cause the consumer to sustain any damages, the consumer was still entitled to an award of reasonable attorney’s fees and costs of suit from the automotive repair shop.

·         The owner of a 1995 Ford Explorer brought the vehicle to an automotive repair shop for installation of a Class III trailer hitch and brake control system.  The automotive repair shop agreed to perform the work and gave plaintiff a verbal estimate for labor and material, stating "it was going to be a couple hundred dollars."   The consumer thought the bill would only be $250 but he was billed $138 more than he anticipated for the repair work because the automotive repair shop failed to supply a written estimate for the repairs prior to performing the work.  In addition to receiving triple damages for violation of the New Jersey Consumer Fraud Act, the consumer was also entitled to an award of reasonable attorney’s fees and costs of suit in the amount of $4,000.

CAN I HANDLE AN AUTOMOTIVE REPAIR DISPUTE MYSELF?

Many people can and do successfully handle New Jersey Consumer Fraud Act cases themselves, from filing the first paperwork to the collection of a judgment.  However, many other people also make mistakes that lead to the dismissal of their New Jersey Consumer Fraud Act cases or that result in the entry of a money judgment against them.  The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey Consumer Fraud Act case.  The following are reasons to use an attorney to handle part or all of your New Jersey Consumer Fraud Act case:

·         court fees often change

·         court rules often change

·         court employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees

·         court forms available on websites may not cover every situation you may face in court

·         each New Jersey Consumer Fraud Act case has its own particular legal issues and therefore, its own challenges

·         it is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the court or being dismissed by the court after filing and before or after trial because of procedural deficiencies  

·         it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey Consumer Fraud Act case. 

·         a court has the power to punish unprepared parties or parties who make mistakes, such as by throwing their New Jersey Consumer Fraud Act case out of court or limiting what they can present at trial. 

·         New Jersey has many published New Jersey Consumer Fraud Act cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at trial. 

·         it is very common for courts to refuse to allow a party to use or refer to documents or items at trial that the person themselves never prepared.  Often parties stumble into court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents. 

·         without the proper preparation, items and documents may never be considered by the court.  Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published New Jersey Consumer Fraud Act cases. 

·         you cannot show up at court expecting the judge hearing your New Jersey Consumer Fraud Act case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Consumer Fraud Act case.  The judge hearing your New Jersey Consumer Fraud Act case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey Consumer Fraud Act case.  Hiring an attorney to handle part or all of your New Jersey Consumer Fraud Act case does not guarantee your success.  However, it may provide the assistance you need to win your New Jersey Consumer Fraud Act case, to settle your New Jersey Consumer Fraud Act case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE

EXPERIENCE HANDLING AUTOMOTIVE REPAIR FRAUD DISPUTES?

Yes.  Paul DePetris has performed the following tasks:

·         represented consumers and automotive repair dealers in New Jersey automotive repair disputes.

·         prepared and filed many complaints against automotive repair dealers.

·         settled claims and New Jersey Consumer Fraud Act cases between consumers and automotive repair dealers.

·         mediated and tried nonjury and jury trials involving automotive repair disputes

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

 Mr. DePetris has also appeared in federal courts - the District of New Jersey in Camden, Trenton and Newark and in the Eastern District of Pennsylvania.

Mr. DePetris is also the author of the following publications:  New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books, 2007); Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act:  The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008); and Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009).   Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CONSUMER FRAUD ACT CASE FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Consumer Fraud Act cases for an hourly fee, such as by offering to prepare the court paperwork for you or helping you handle your claim by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Consumer Fraud Act case to a fixed sum, while providing you the help you need to handle your New Jersey Consumer Fraud Act case.  For a no cost phone consultation about what the Firm might be able to do for you, call or write an email to Mr. DePetris at: 609-714-2020 or consumerlaw@newjerseylemon.com.