WHAT IS THE PURPOSE OF THE NEW JERSEY CONSUMER FRAUD ACT?

The New Jersey Consumer Fraud Act attempts to eliminate deception in the marketplace.  As business expanded in New Jersey, the public was increasingly victimized by fraudulent conduct.   The New Jersey Consumer Fraud Act attempts to protect consumers from shady business practices by increasing their leverage in the marketplace.  The New Jersey Consumer Fraud Act is aimed at unlawful sales and advertising practices that deceive consumers into purchasing many kinds of goods and services, regardless of whether those practices involve affirmative misrepresentations or the failure to disclose crucial information.  The New Jersey Consumer Fraud Act emphasizes disclosure of information that helps consumers to make informed decisions when buying goods and services.   By allowing consumers losing money or property as a result of New Jersey Consumer Fraud Act violations to recover triple their losses, the New Jersey Consumer Fraud Act seeks to discourage unfair and deceptive sales practices and to force businesses to take action to prevent consumer fraud.  For example, in many transactions, the New Jersey Consumer Fraud Act requires automotive repair shops, home repair contractors, furniture merchants, boat repair shops and automotive manufacturers to disclose certain information in writing.  A merchant’s failure to properly disclose that information may result in a New Jersey Consumer Fraud Act violation without the need to prove that the merchant acted in bad faith or otherwise intended to violate the New Jersey Consumer Fraud Act.    Also, by allowing consumers to bring their own lawsuits against merchants violating the New Jersey Consumer Fraud Act, it is designed to help consumer fraud victims recover their losses.  Individuals who prove that they lost money or property from violations of the New Jersey Consumer Fraud Act may recover money damages for their losses, refunds, get fraudulent contracts cancelled and eliminate fraudulent debts.  By letting victims of New Jersey Consumer Fraud Act violations recover their reasonable attorney’s fees and certain litigation expenses, the New Jersey Consumer Fraud Act encourages consumers to hire attorneys, since the consumers have the opportunity to recover certain money spent prosecuting their New Jersey Consumer Fraud Act claims.   Because the New Jersey Consumer Fraud Act is a law designed to help consumers, New Jersey Courts are supposed to interpret the New Jersey Consumer Fraud Act in a liberal way rather than in a way that might favor the victimizing merchant.  For example, New Jersey Consumer Fraud Act claims do not require proof of any of the following:

·         Merchant’s bad faith

·         Merchant’s intent (when the merchant’s conduct involves an affirmative act)

·         The existence of a written contract between the consumer and the merchant

·         The consumer is a resident of the State of New Jersey

·         The merchant’s business is located in the State of New Jersey

·         The consumer is not a business

·         The product or service was purchased primarily for personal, family or household purposes

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.