WHAT IS A “KNOWING OMISSION” UNDER THE NEW JERSEY CONSUMER FRAUD ACT?

Under the New Jersey Consumer Fraud Act, a “knowing omission” is a term used to describe a particular type of violation of the law.  New Jersey Consumer Fraud Act prohibits merchants from committing certain conduct.  In this context, “knowing omission” means:

·         the knowing, concealment, suppression or omission

·         of any material fact

·         with intent that others rely upon such concealment, suppression or omission.

To establish a knowing omission, the consumer must prove the following: 

·         Nondisclosure – when the parties did business, the merchant failed to disclose a fact existing at that time;

·         Materiality of fact undisclosed -- the fact, if disclosed, would be important to the decision of the consumer or of any reasonable buyer;

·         Knowledge – when the parties did business, the merchant knew the fact and its importance at the time of the transaction; and

·         Intentional Concealment -- the defendant withheld the information intending the buyer to make a decision without knowing that information.

When a New Jersey Consumer Fraud Act violation consists of a knowing omission, the consumer must prove that the merchant intended to commit the knowing omission.  This requirement protects merchants who innocently fail to provide complete disclosure of certain information.  However, that protection only concerns claims of knowing omission (and not claims of regulatory violations or of affirmative acts).  For example, under the New Jersey Consumer Fraud Act, it is possible for a statement to be seen either as constituting a misrepresentation of fact or as omitting a material fact.   If a merchant failed to disclose material information in an advertisement, that advertisement could be being false or deceptive even though the merchant never actually stated false facts. 

There are limits to the types of knowing omissions that support New Jersey Consumer Fraud Act Violations.  For example, when the New Jersey Consumer Fraud Act dispute involves an advertisement, the New Jersey Consumer Fraud Act does not apply to owners or publishers of newspapers, magazines, publications or printed matter wherein such advertisement appears or to the owner or operator of a radio or television station which disseminates such advertisement when they have no knowledge of the advertiser’s intent, design or purpose.

WHAT KNOWING OMISSIONS MIGHT SUPPORT A NEW JERSEY CONSUMER FRAUD ACT VIOLATION?

·         Allegations that an automotive manufacturer committed an unlawful practice by failing to provide a warning that a vehicle could suddenly accelerate without driver input.

·         A consumer hired a builder to construct a house and in the course of planning the construction and at the builder's suggestion, the consumer consulted with the builder's supplier about materials to install on the house.  The consumer thereafter asked the builder to use the materials supplied by the supplier and the materials proved defective and damaged  the house.  The builder and supplier allegedly knew the consumer’s intended use for the materials but allegedly failed to disclose the information to the consumer. 

WHAT KNOWING OMISSIONS FAIL TO SUPPORT NEW JERSEY CONSUMER FRAUD ACT VIOLATIONS?

·         A merchant charges a nonrefundable deposit for a special order product, knowing the product’s manufacturer is bankrupt and consumer doesn’t learn this until after signing the contract and making a deposit.

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.