CAN A BUSINESS BRING A CASE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?

Businesses are able to bring New Jersey Consumer Fraud Act claims.  Nothing in the New Jersey Consumer Fraud Act prevents businesses from bringing New Jersey Consumer Fraud Act claims.  The New Jersey Consumer Fraud Act does not condition claims on the intended use of goods. Under the New Jersey Consumer Fraud Act, the term “consumer” is generally recognized as meaning the user of economic goods whose use either diminishes or destroys the utility of the goods.  Therefore, the New Jersey Consumer Fraud Act can apply to merchandise purchased for business use.   Just like individual consumers, businesses fall victim to New Jersey Consumer Fraud Act violations.  The New Jersey Consumer Fraud Act defines the term “Person” to include the following:

·         Partnership

·         Corporation

·         Company

·         Trust

·         business entity

·          association 

Under the New Jersey Consumer Fraud Act, a business qualifies to bring a claim if they suffer any ascertainable loss of moneys or property as a result of any practice violating the New Jersey Consumer Fraud Act.   But there are limits to when the New Jersey Consumer Fraud Act applies to business purchases.  For example, if the business purchasing goods intends to resell those goods immediately after purchasing them rather than putting them to use themselves, it is unlikely that the New Jersey Consumer Fraud Act would apply to the dispute.  Normally, the question of whether a business can sue under the New Jersey Consumer Fraud Act must be decided by the court in each case it faces.

WHAT ARE SOME EXAMPLES OF NEW JERSEY CONSUMER FRAUD ACT CLAIMS SUCCESSFULLY BROUGHT BY BUSINESSES?

Examples of cases where businesses were able to sue under the New Jersey Consumer Fraud Act include the following:

• A business buying a yacht.
• A business buying a crane. 
• A business buying computer peripherals.
• A condominium developer buying prefabricated wall panels.
• renovation of an unoccupied apartment and office building owned by a business. 
• A franchisee’s claim that the franchisee was a consumer fraud victim when buying a franchise/distributorship offered in advertising addressed to members of the general public and that wasn’t regulated by the New Jersey Franchise Practices Act.

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 consumers, 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.

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 CASE FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling 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 case to a fixed sum, while providing you the help you need to handle your 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.