administrative code  -- a term for a series of regulations more properly called the “New Jersey Administrative Code”.  Through the New Jersey Division of Consumer Affairs, the New Jersey Attorney General’s office has the right to enact regulations about how certain merchants conduct their business.  These regulations cover such businesses as home repair contractors, automotive repair shops, new and used automotive sales, home appliances, home furnishings and health club memberships.  In many cases, failing to follow administrative regulations results in a violation of the New Jersey Consumer Fraud Act. 

affirmative act -- 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, “affirmative act” means:

something done voluntarily by a person; whether physical acts; or steps taken voluntarily by a person;

to advance a plan or design; or to accomplish a purpose.

ascertainable loss -- the term for the loss of money or property suffered by a person or business that is a victim of a violation of the New Jersey Consumer Fraud Act.  To recover money damages under the New Jersey Consumer Fraud Act, you must prove that:  (1) You were the victim of an unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation in connection with the sale or advertisement of any merchandise or real estate or with the subsequent performance of such person; or  (2) You were the victim of the knowing concealment, suppression, or omission of any material fact with intent that you rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate or with the subsequent performance of such person; or (3) You were the victim of a violation of a section of the new jersey consumer fraud act or an administrative regulation that prohibits consumer fraud; and (5) the misconduct directly caused you to lose property or money; and (6) You are able to supply an estimate of your damages, calculated within a reasonable degree of certainty that proves you suffered those losses

attorney’s fees – the attorney’s fees recoverable by a consumer who is a victim of a violation of the New Jersey Consumer Fraud Act.  The consumer may only recover fees that are “reasonable” and it is up to a court to decide the reasonableness and amount of fees to which a consumer is entitled.

consumer -- Under the New Jersey Consumer Fraud Act, the following categories of individuals or entities may qualify as consumers:  Natural person or their legal representative; Partnership; Corporation; Company; Trust; Business entity or association; Any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trustent of the aforesaid.  However, to be a valid consumer, the individual or entity must generally:  (1) purchase goods or services to which their dispute pertains for their own use them rather than merely to resell them; and (2) must suffer any ascertainable loss of moneys or property as a result of any practice declared unlawful under the New Jersey Consumer Fraud Act.   Under the New Jersey Consumer Fraud Act, in the right circumstances, sophisticated businesses buying machinery may qualify for relief.  Also, a consumer may be a plaintiff, defendant or third party plaintiff, since the New Jersey Consumer Fraud Act may be raised in a complaint (lawsuit), answer to a lawsuit or in a counterclaim to a lawsuit (countersuit).

deception -- conduct or an advertisement; misleading to an average consumer to the extent that it is capable of and likely to mislead an average consumer. 

equitable estoppel – a possible defense merchants may use to avoid claims that they violated the New Jersey Consumer Fraud Act.  Equitable estoppel prevents injustice by preventing a consumer from disowning a course of action on which the merchant relied to their detriment.  To prove equitable estoppel sufficient to defeat a violation of the New Jersey Consumer Fraud Act, the merchant must normally show that the consumer’s actions caused the merchant to commit the consumer fraud violation for which the consumer seeks relief.

equitable remedies and relief – Terms that describe certain types of relief to which consumers and/or the New Jersey Attorney General may be entitled for violations of the New Jersey Consumer Fraud Act.  Equitable remedies and relief potentially available under the New Jersey Consumer Fraud Act include the following: (1) refunds of money or property lost as a result of consumer fraud; (2) cancellation of a debt that is the product of fraud; (3) appointment of a receiver over merchants committing consumer fraud; (4) an accounting from merchants committing consumer fraud; (5) entry of an injunction against merchants committing consumer fraud, such as the prohibition against future misconduct or preventing an individual from managing or owing any business organization in New Jersey; (6) revocation of a merchant’s licenses, permits or certificates issued pursuant to New Jersey laws or administrative regulations.; (7) return of a merchant’s profits that resulted from consumer fraud; mandatory product recalls; (8) inspections, testing and repairs, if necessary; requiring merchants that commit consumer fraud to issue revised advertising statements, marketing materials and product packaging.

false pretense -- an untruth;knowingly expressed by a wrongdoer.

false promise -- an untrue commitment or pledge; communicated to another person; to create the possibility that that other person will be misled.

fraud -- a perversion of the truth; or a misstatement; or a falsehood; communicated to another person; and creating the possibility that that other person will be cheated.

knowing omission -- 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.

misrepresentation -- an untrue statement; made to deceive or mislead; made about a fact which is important or significant to the sale/advertisement; communicated to another person; to create the possibility that other person will be misled.

New Jersey Administrative Code - A term for a series of regulations.  Through the New Jersey Division of Consumer Affairs, the New Jersey Attorney General’s office has the right to enact regulations about how certain merchants conduct their business.  These regulations cover such businesses as home repair contractors, automotive repair shops, new and used automotive sales, home appliances, home furnishings and health club memberships.  In many cases, failing to follow administrative regulations results in a violation of the New Jersey Consumer Fraud Act. 

New Jersey Consumer Fraud Act – A law passed by the New Jersey Legislature in 1960 "to permit the Attorney General to combat the increasingly widespread practice of defrauding the consumer."   In its original form, the New Jersey Consumer Fraud Act gave the New Jersey Attorney General the power to investigate and prosecute consumer fraud complaints and make rules and regulations about certain business practices.  In 1971, the New Jersey Legislature changed the New Jersey Consumer Fraud Act in an effort to make it one of the strongest consumer protection laws in the United States of America.  These changes to the New Jersey Consumer Fraud Act expanded the definition of "unlawful practice" to include "unconscionable commercial practices," increased the Attorney General's enforcement powers and allowed private individuals to bring their own New Jersey Consumer Fraud Act cases to court and allowed them to recover awards of treble damages, attorneys' fees, and costs. 

treble damages – If a consumer proves that they suffered an ascertainable loss of money or property – a loss that is caused by a violation of the New Jersey Consumer Fraud Act and that is able to be calculated with a reasonable degree of certainty – that consumer may qualify for an award of three times the amount of their ascertainable losses.

unconscionable commercial practice -- an activity in the public marketplace; that is basically unfair or unjust; and that materially departs from standards of good faith, honesty in fact and fair dealing.

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.