new jersey consumer fraud act treble damages
Treble damages for an ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act violation. The New Jersey Consumer Fraud Act CFA protects consumers against unconscionable and fraudulent practices in the marketplace.
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New Jerseys Consumer Fraud Act CFA gives homeowners recourse against home improvement contractors who breach contractual commitments perform shoddy work.
. Although every effort is made. If proven to be violated a successful consumer can acquire treble damages three times the dollar amount of damage inflicted to the consumer and attorneys fees and costs. There are a number of ways the Consumer Fraud Act protects consumers but the most important is that it awards treble damages to consumers who have been wronged under the Act.
For defense attorneys and our clients any pleading which contains a count under the Consumer Fraud Act NJSA. However to recover treble damages a consumer must prove that he or she suffered an actual economic loss. Contractors that do not adhere to these regulations can be sued for consumer fraud and the homeowner may be eligible to receive triple damages along with the cost of any attorneys fees.
Certain violations of real estate laws can lead to the award of treble damages. The Consumer Fraud Act allows for the potential of treble damages attorneys fees and costs to successful plaintiffs. Damages are calculated in monetary loss only and assigned a 3x punitive award.
The NJ Consumer Fraud Act does not allow parties to bring actions for either emotional distress inconvenience or other noneconomic damages. Triple damages are mandatory. No attorney fees Unless we Win your Case.
You must prove a loss or what is commonly known as an ascertainable loss. A violation of the New Jersey Consumer Fraud Act may allow the consumer to recover the following remedies against a dealer. The following provides an overview of CFA law in New Jersey as it relates to real estate licensees.
As part of New Jerseys Consumer Fraud Act homeowners can enforce strict laws against home improvement contractors that breach contracts perform negligently cause damage to homes misrepresent facts and commit fraud. Under the New Jersey Consumer Fraud Act the act use or employment by any person of any unconscionable commercial practice deception or fraud false pretense false promise or misrepresentation or the knowing concealment suppression or omission of any material fact with the intent that others rely upon such concealment suppression or omission in connection. Cancellation of fraudulent debts.
For half a century New Jerseys Consumer Fraud Act with its potent treble damages remedy has been one of the strongest in the nation but a pending bill threatens to sharply limit its reach. The statutes in PDF form provided on this website by the Division of Consumer Affairs are unofficial courtesy copies which may differ from the official text. The New Jersey Consumer Fraud Act is fee shifting meaning that if the consumer is successful in his or her lawsuit.
This amount is tripled. For example a consumer who pays 300000 then prevails at trial can expect a judgment of 900000 plus reasonable attorneys fees and costs of suit. Until recently the Product Liability Act which governs the strict product liability regime in New Jersey subsumed almost every cause of action into a products claim if the thrust of the claim was that of a defective product or warning.
Attorneys fees and costs. New Jersey Statutes Annotated NJSA published by Thomson West provides the official annotated statutes for New Jersey. Under the New Jersey Consumer Fraud Act certain acts of misrepresentation can result in the court ordering the defendant to pay treble damages along with attorneys fees and costs.
Originally enacted in 1960 to allow for the Attorney General to enforce its provisions it was amended in 1971 to allow for a private right of action treble damages costs and attorneys fees. The offending business must pay the consumers reasonable. The New Jersey Department of Consumer Affairs Consumer Fraud Regulations.
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In several recent Consumer Fraud Act cases New Jersey courts have clarified the law concerning the award of attorneys fees expert fees and treble damages. If you can meet these requirements you may be entitled to treble damages three times your actual loss as well as reasonable attorney fees and reimbursement of legal costs. Meaning they were hurt in their pocketbook.
568-1 et seq raises an eyebrow as the Act provides for treble damages attorneys fees filing fees and reasonable costs of suit should the plaintiff prevail. PdfFiller allows users to edit sign fill and share all type of documents online. June 23 2008 Jonathan Rudnick.
Attorneys fee award for prosecuting the claim. Although two of the cases dealt with claims involving homeowner improvement construction contracts the courts rulings extend beyond these types of contracts. WHAT CONSUMERS ARE COVERED BY THE CONSUMER FRAUD ACT IN NJ.
Send us an e-mail today or call us at 856-667-4666 856-600-HURT to schedule an appointment. If a consumer is able to successfully sue for a New Jersey Consumer Fraud Act claim he or she is entitled to three times the amount of damages suffered called treble damages. You may be surprised that a business in NJ can be a person entitled to protection under the NJ Consumer Fraud Act.
That means if there is a verdict for any ascertainable loss the amount is tripled by the court without discretion and automatically. Three times the damages sustained by the plaintiff as well as. Thus there is a very high level of risk for home improvement contractors who violate these laws.
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