LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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New Jersey Consumer Fraud FAQs

INTRODUCTION
Read below to learn more about this topic. Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email. Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws. Before taking any action, read all applicable federal and state source law and case law and consult with an attorney. Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there! Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!

NEW JERSEY CONSUMER FRAUD ACT FAQs

WHAT IS THE NEW JERSEY CONSUMER FRAUD ACT?
Many of us have heard the Latin phrase caveat emptor: “let the buyer beware.” That statement allows little relief to a New Jersey consumer. That statement does not reflect current law in New Jersey. Here, we have a more ethical approach in business dealings with one another. Therefore, each of us may rely on representations made by another in a New Jersey business transaction. This approach is reflected in a New Jersey law, The New Jersey Consumer Fraud Act.

WHAT ARE THE TYPES OF NEW JERSEY CONSUMER FRAUD CLAIMS?
There are three possible bases for responsibility under the New Jersey Consumer Fraud Act. Two New Jersey Consumer Fraud Act violations are violations of section 2 of the New Jersey Consumer Fraud Act; the third New Jersey Consumer Fraud Act violation is derived from either specific-situation New Jersey law violations or New Jersey Consumer Fraud regulation violations. The New Jersey Consumer Fraud Act itself declares two general categories of conduct as unlawful. The first category of New Jersey Consumer Fraud Act violations makes “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation” unlawful. These are considered affirmative acts. The second category of New Jersey Consumer Fraud Act violations involves the “knowing concealment, suppression or omission of any material fact.” These are considered conduct by omission. The third basis for responsibility under the New Jersey Consumer Fraud Act involves either a specific-situation New Jersey law or administrative regulations enacted to interpret the New Jersey Consumer Fraud Act itself. Such New Jersey law and regulations define specific conduct prohibited by law.

WHAT IS MERCHANDISE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, the term “merchandise” includes any objects, goods, commodities, services or anything offered directly or indirectly to the public for sale. “Merchandise” does not include “securities”. The New Jersey Consumer Fraud Act probably does not apply to the sale of a New Jersey business.

WHO IS A PERSON UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, a “person” includes not only a human being or his or her legal representative but also a partnership, corporation, company, trust, business entity, association as well as his or her agent, employee, salesperson, partner, officer, director, member, stockholder, associate, trustee or beneficiary of a trust.

WHAT IS A SALE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, a “sale” includes transfer of ownership; rental; distribution; offer to sell, rent, or distribute; and attempt to sell, rent or distribute, either directly or indirectly.

WHAT IS AN ADVERTISEMENT UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, an “advertisement” is a notice designed to attract public attention. Modes of communication include the attempt, directly or indirectly, by publication, dissemination, solicitation, endorsement, circulation or in any way to induce any person to enter or not enter into an obligation, acquire any title or interest in any merchandise, increase the consumption of any merchandise or make any loan.

WHAT IS REAL ESTATE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “real estate” is land and, if there is an improvement on the land, that improvement as well.

WHAT ARE SECTION 2 NEW JERSEY CONSUMER FRAUD ACT VIOLATIONS?
Section 2 of the New Jersey Consumer Fraud Act declares that “any unconscionable commercial practice, deception, fraud, false pretense, false promise [or] misrepresentation” is an unlawful practice. Section 2 of the New Jersey Consumer Fraud Act also makes unlawful a “knowing concealment, suppression or omission of any material fact” under the New Jersey Consumer Fraud Act.

WHAT IS AN AFFIRMATIVE ACT UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
The first category of New Jersey Consumer Fraud Act violations makes “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation” unlawful. These are considered affirmative acts. Under the New Jersey Consumer Fraud Act, an “affirmative act” is something done voluntarily by a person. The New Jersey Consumer Fraud Act may be physical but also may be any steps taken voluntarily by a person to advance a plan or design or to accomplish a purpose.

WHAT IS AN UNCONSCIONABLE COMMERCIAL PRACTICE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, an “unconscionable commercial practice” is an activity which is basically unfair or unjust which materially departs from standards of good faith, honesty in fact and fair dealing in the public marketplace. To be unconscionable, there must be factual dishonesty and a lack of fair dealing.

WHAT IS DECEPTION UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “deception” is conduct or advertisement which is misleading to an average consumer to the extent that it is capable of, and likely to, mislead an average consumer. It does not matter that at a later time it could have been explained to a more knowledgeable and inquisitive consumer. It does not matter whether the conduct or advertisement actually have misled New Jersey Consumer Fraud plaintiffs. The fact that New Jersey Consumer Fraud defendants may have acted in good faith is irrelevant. It is the capacity to mislead that is important.

WHAT IS FRAUD UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “Fraud” is a perversion of the truth, a misstatement or a falsehood communicated to another person creating the possibility that that other person will be cheated.

WHAT IS FALSE PRETENSE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “false pretense” is an untruth knowingly expressed by a wrongdoer.

WHAT IS A FALSE PROMISE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “false promise” is an untrue commitment or pledge, communicated to another person, to create the possibility that that other person will be misled.

WHAT IS A MISREPRESENTATION UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, a “misrepresentation” is an untrue statement made about a fact which is important or significant to the sale or advertisement, and is communicated to another person to create the possibility that other person will be misled. A “misrepresentation” is a statement made to deceive or mislead.

PROOF OF DECEPTION OR INTENT NOT ALWAYS NECESSARY TO PROVE A NEW JERSEY AFFIRMATIVE ACT CONSUMER FRAUD CASE
It is not always necessary for liability under the New Jersey Consumer Fraud Act that a person actually be misled or deceived by another’s conduct. It is not necessary for a New Jersey Consumer Fraud plaintiff to show that the New Jersey Consumer Fraud defendant intended that his or her or its conduct should deceive. What is important is that the affirmative act must have had the potential to mislead or deceive when it was performed. The capacity to mislead is the prime ingredient of an affirmative New Jersey Consumer Fraud Act unlawful practice. Intent is not an essential element. New Jersey Consumer Fraud consisting of an affirmative act does not require a showing of intent.

WHAT IF THE PRICE CHARGED FOR THE PRODUCT IS EXCESSIVE?
The price charged is only one factor in the New Jersey court’s consideration. For example, if the New Jersey court finds that the price is grossly excessive in relation to the New Jersey seller’s costs and, as well, the goods sold have little or no value to the New Jersey Consumer Fraud plaintiffs for the purpose for which the New Jersey Consumer Fraud plaintiffs were persuaded to buy the goods and which it appeared they would serve, the price paid by the New Jersey Consumer Fraud plaintiffs becomes one factor relevant to weighing the wrong which the New Jersey Consumer Fraud Act seeks to prevent and which it prohibits.

WHAT IS AN OMISSION UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
The second category of New Jersey Consumer Fraud Act violations involves the “knowing concealment, suppression or omission of any material fact.” These are considered conduct by omission. Under the New Jersey Consumer Fraud Act, an “omission” is neglecting to perform what the law requires. Liability must be imposed for such inaction depending on whether there is a duty to act under the circumstances. In a New Jersey Consumer Fraud knowing omission case, the New Jersey Consumer Fraud plaintiff claims that the New Jersey Consumer Fraud defendant knowingly concealed, hid or suppressed, kept something from being known or omitted, or left out or did not mention an important or significant fact purposely or with the intent that others would rely on that concealment or suppression or omission in connection with the sale or advertisement of any merchandise or real estate, how the New Jersey Consumer Fraud defendant would act or perform after an agreement to buy was made or how the New Jersey Consumer Fraud plaintiff responded to or answered the advertisement.

WHAT IS ACTING KNOWINGLY UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
A New Jersey Consumer Fraud defendant acts “knowingly” if he or she is aware that his or her conduct is of a nature that it is practically certain that his or her conduct will cause a particular result. A New Jersey Consumer Fraud defendant acts with knowledge, consciously, intelligently, willfully or intentionally.

WHAT IS TO CONCEAL UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
To “conceal” is to hide, secrete, or withhold something from the knowledge of others or to hide from observation, cover or keep from sight or prevent discovery of. “Concealment” is a withholding of something which one is bound or has a duty to reveal so that the one en itled to be informed will remain in ignorance.

WHAT IS TO SUPPRESS UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
To “suppress” is to put a stop to a thing actually existing, to prohibit or put down, or to prevent, subdue, or end by force. “Suppression” is the conscious effort to control or conceal unacceptable impulses, thought, feelings or acts.

WHAT IS ACTING PURPOSELY UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
A New Jersey Consumer Fraud defendant acts “purposely” if it is his or her conscious object to engage in conduct that of a certain nature or cause a particular result and he or she is aware of hopes or believes that the attendant circumstances exist.

WHAT IS INTENT UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
“Intent” is a design, resolve, or determination with which a New Jersey Consumer Fraud defendant acts. It refers only to the state of mind existing when an act is done or omitted. It is not necessary that any person be, in fact, misled or deceived by another’s conduct. What is important is that New Jersey Consumer Fraud defendant must have meant to mislead or deceive when he or she or it or they acted. The fact that New Jersey Consumer Fraud defendant acted knowingly or with intent is an essential element of acts of omission under the New Jersey Consumer Fraud Act. Knowledge or intent must be shown. Where the alleged New Jersey Consumer Fraud can be viewed as either an omission or an affirmative act, the New Jersey Consumer Fraud defendant is liable for the conduct as an omission only where New Jersey Consumer Fraud defendant committed a New Jersey Consumer Fraud by omission and intent is shown.

WHAT IF THE NEW JERSEY CONSUMER FRAUD DEFENDANT IS THE OWNER OR PUBLISHER OF THE NEWSPAPER OR MAGAZINE OR PUBLICATION OR PRINTED MATTER IN WHICH THE ADVERTISEMENT APPEARED OR OWNER OR OPERATOR OF THE RADIO OR TELEVISION STATION ON WHICH THE ADVERTISEMENT APPEARED AND HAD NO KNOWLEDGE OF THE NEW JERSEY ADVERTISER’S INTENT, DESIGN OR PURPOSE?
If a New Jersey Consumer Fraud defendant says that it is the owner or publisher of the newspaper or magazine or publication or printed matter in which the advertisement appeared or the owner or operator of the radio or television station on which the advertisement appeared and that the New Jersey Consumer Fraud defendant, he or she or it had no knowledge of the intent, design or purpose of the New Jersey advertiser, the burden of proving this lack of knowledge by a preponderance of the evidence rests with the New Jersey Consumer Fraud defendant. If the New Jersey court finds that the New Jersey Consumer Fraud defendant proved by the preponderance of the evidence that he or she or it was unaware of what the New Jersey advertiser meant to do through the advertisement, the owner or publisher or operator cannot be held responsible or liable under the New Jersey Consumer Fraud Act.

WHAT ARE PER SE NEW JERSEY CONSUMER FRAUD ACT VIOLATIONS?
The third basis for responsibility under the New Jersey Consumer Fraud Act involves either a specific-situation New Jersey law or administrative regulations enacted to interpret the New Jersey Consumer Fraud Act itself. Such New Jersey law and regulations define specific conduct prohibited by law. A per se New Jersey Consumer Fraud Act violation occurs when a New Jersey merchant violates a specific-situation New Jersey law or New Jersey Consumer Fraud administrative regulations. The following are examples of potential New Jersey Consumer Fraud Act administrative regulations:
SUBCHAPTER 1 - DECEPTIVE MAIL ORDER PRACTICES
SUBCHAPTER 2 - MOTOR VEHICLE ADVERTISING PRACTICES
SUBCHAPTER 3 - SALE OF MEAT AT RETAIL
SUBCHAPTER 4 - BANNED HAZARDOUS PRODUCTS
SUBCHAPTER 5 - DELIVERY OF HOUSEHOLD FURNITURE & FURNISHINGS
SUBCHAPTER 6 - DECEPTIVE PRACTICES CONCERNING AUTOMOTIVE SALES PRACTICES
SUBCHAPTER 7 - DECEPTIVE PRACTICES CONCERNING AUTOMOTIVE REPAIRS AND
ADVERTISING
SUBCHAPTER 8 - TIRE DISTRIBUTORS AND DEALERS
SUBCHAPTER 9 - MERCHANDISE ADVERTISING
SUBCHAPTER 10 - SERVICING & REPAIRING OF HOME APPLIANCES
SUBCHAPTER 11 - (RESERVED)
SUBCHAPTER 12 - SALE OF ANIMALS
SUBCHAPTER 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF
CONSUMER AFFAIRS
SUBCHAPTER 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS
SUBCHAPTER 15 - DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT
SUBCHAPTER 16 - HOME IMPROVEMENT PRACTICES
SUBCHAPTER 17 - SALE OF ADVERTISING IN JOURNALS RELATING OR PURPORTING TO
RELATE TO POLICE, FIREFIGHTING OR CHARITABLE ORGANIZATIONS
SUBCHAPTER 18 - PLAIN LANGUAGE REVIEW
SUBCHAPTER 19 - (RESERVED)
SUBCHAPTER 20 - RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTER¬TAINMENT
SUBCHAPTER 21 - REPRESENTATIONS CONCERNING AND REQUIREMENTS FOR THE SALE OF
KOSHER FOOD
SUBCHAPTER 22 - INSPECTIONS OF KOSHER MEAT DEALERS AND KOSHER POULTRY
DEALERS; RECORDS REQUIRED TO BE MAINTAINED BY KOSHER MEAT DEALERS AND
KOSHER POULTRY DEALERS
SUBCHAPTER 23 - DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR

The following are examples of New Jersey Consumer Fraud Act law violations:
56:8-2.1 Operation simulating governmental agency
56:8-2.2 Scheme not to sell as advertised
56:8-2.3 Notification of prize winner
56:8-2.4 Picturing assembled merchandise
56:8-2.5 Selling item without price label
56:8-2.7 False solicitation of contribution
56:8-2.8 Going out of business sale
56:8-2.9 Misrepresentation of food
56:8-2.14 Refund Policy Disclosure Act
56:8-2.22 Providing copy of contract to consumer
56:8-2.23 Soliciting used goods
56:8-21 Unit Price Disclosure Act
56:8-26 Resale of tickets

WHAT TYPE OF DAMAGES CAN A SUCCESFUL NEW JERSEY CONSUMER FRAUD PLAINTIFF RECOVER AND HOW DOES A NEW JERSEY CONSUMER FRAUD PLAINTIFF PROVE THEY SUFFERED DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
New Jersey Consumer Fraud triple damages, also called New Jersey Consumer Fraud treble damages, are available to certain New Jersey Consumer Fraud plaintiffs. The tripling of the New Jersey Consumer Fraud award is meant to punish the New Jersey Consumer Fraud defendant. To win New Jersey Consumer Fraud triple damages under the New Jersey Consumer Fraud Act, a New Jersey Consumer Fraud plaintiff must prove that the New Jersey Consumer Fraud plaintiff lost money or property as a result of the New Jersey Consumer Fraud defendant’s New Jersey Consumer Fraud Act violation. The New Jersey Consumer Fraud plaintiff is allowed to receive an award of money for the New Jersey Consumer Fraud plaintiff’s Consumer Fraud loss proximately caused by the New Jersey Consumer Fraud defendant. If the New Jersey court finds that the New Jersey Consumer Fraud Act was violated and the New Jersey court awards New Jersey Consumer Fraud damages, the New Jersey Consumer Fraud Act requires the New Jersey court to triple whatever amount of damages that the New Jersey court awards to the New Jersey Consumer Fraud plaintiff.

ARE NEW JERSEY ATTORNEY’S FEE AWARDS AVAILABLE TO A SUCCESFUL NEW JERSEY CONSUMER FRAUD PLAINTIFF?
If the New Jersey court award damages to a New Jersey Consumer Fraud plaintiff, the New Jersey Consumer Fraud Act also requires the New Jersey court to compel the New Jersey Consumer Fraud defendant to pay whatever reasonable attorney’s fees that the New Jersey Consumer Fraud plaintiff incurred in the New Jersey Consumer Fraud Act case. Only a New Jersey judge decides the proper amount of a New Jersey Consumer Fraud attorney’s fee award.

IS THERE A RIGHT TO A NEW JERSEY CONSUMER FRAUD JURY TRIAL IN A NEW JERSEY CONSUMER FRAUD CASE?
There appears to be no right to a New Jersey Consumer Fraud jury trial in an action brought by the Attorney General under the New Jersey Consumer Fraud Act seeking both financial penalties and equitable relief. There appears to be a right to New Jersey Consumer Fraud jury trial for a New Jersey Consumer Fraud Act claim brought by a New Jersey Consumer Fraud plaintiff other than the Attorney General.

NEED HELP WITH YOUR NEW JERSEY CASE?
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Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.
INTRODUCTION
Read below to learn more about this topic. Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email. Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws. Before taking any action, read all applicable federal and state source law and case law and consult with an attorney. Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there! Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!

NEW JERSEY CONSUMER FRAUD ACT FAQs

WHAT IS THE NEW JERSEY CONSUMER FRAUD ACT?
Many of us have heard the Latin phrase caveat emptor: “let the buyer beware.” That statement allows little relief to a New Jersey consumer. That statement does not reflect current law in New Jersey. Here, we have a more ethical approach in business dealings with one another. Therefore, each of us may rely on representations made by another in a New Jersey business transaction. This approach is reflected in a New Jersey law, The New Jersey Consumer Fraud Act.

WHAT ARE THE TYPES OF NEW JERSEY CONSUMER FRAUD CLAIMS?
There are three possible bases for responsibility under the New Jersey Consumer Fraud Act. Two New Jersey Consumer Fraud Act violations are violations of section 2 of the New Jersey Consumer Fraud Act; the third New Jersey Consumer Fraud Act violation is derived from either specific-situation New Jersey law violations or New Jersey Consumer Fraud regulation violations. The New Jersey Consumer Fraud Act itself declares two general categories of conduct as unlawful. The first category of New Jersey Consumer Fraud Act violations makes “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation” unlawful. These are considered affirmative acts. The second category of New Jersey Consumer Fraud Act violations involves the “knowing concealment, suppression or omission of any material fact.” These are considered conduct by omission. The third basis for responsibility under the New Jersey Consumer Fraud Act involves either a specific-situation New Jersey law or administrative regulations enacted to interpret the New Jersey Consumer Fraud Act itself. Such New Jersey law and regulations define specific conduct prohibited by law.

WHAT IS MERCHANDISE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, the term “merchandise” includes any objects, goods, commodities, services or anything offered directly or indirectly to the public for sale. “Merchandise” does not include “securities”. The New Jersey Consumer Fraud Act probably does not apply to the sale of a New Jersey business.

WHO IS A PERSON UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, a “person” includes not only a human being or his or her legal representative but also a partnership, corporation, company, trust, business entity, association as well as his or her agent, employee, salesperson, partner, officer, director, member, stockholder, associate, trustee or beneficiary of a trust.

WHAT IS A SALE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, a “sale” includes transfer of ownership; rental; distribution; offer to sell, rent, or distribute; and attempt to sell, rent or distribute, either directly or indirectly.

WHAT IS AN ADVERTISEMENT UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, an “advertisement” is a notice designed to attract public attention. Modes of communication include the attempt, directly or indirectly, by publication, dissemination, solicitation, endorsement, circulation or in any way to induce any person to enter or not enter into an obligation, acquire any title or interest in any merchandise, increase the consumption of any merchandise or make any loan.

WHAT IS REAL ESTATE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “real estate” is land and, if there is an improvement on the land, that improvement as well.

WHAT ARE SECTION 2 NEW JERSEY CONSUMER FRAUD ACT VIOLATIONS?
Section 2 of the New Jersey Consumer Fraud Act declares that “any unconscionable commercial practice, deception, fraud, false pretense, false promise [or] misrepresentation” is an unlawful practice. Section 2 of the New Jersey Consumer Fraud Act also makes unlawful a “knowing concealment, suppression or omission of any material fact” under the New Jersey Consumer Fraud Act.

WHAT IS AN AFFIRMATIVE ACT UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
The first category of New Jersey Consumer Fraud Act violations makes “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation” unlawful. These are considered affirmative acts. Under the New Jersey Consumer Fraud Act, an “affirmative act” is something done voluntarily by a person. The New Jersey Consumer Fraud Act may be physical but also may be any steps taken voluntarily by a person to advance a plan or design or to accomplish a purpose.

WHAT IS AN UNCONSCIONABLE COMMERCIAL PRACTICE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, an “unconscionable commercial practice” is an activity which is basically unfair or unjust which materially departs from standards of good faith, honesty in fact and fair dealing in the public marketplace. To be unconscionable, there must be factual dishonesty and a lack of fair dealing.

WHAT IS DECEPTION UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “deception” is conduct or advertisement which is misleading to an average consumer to the extent that it is capable of, and likely to, mislead an average consumer. It does not matter that at a later time it could have been explained to a more knowledgeable and inquisitive consumer. It does not matter whether the conduct or advertisement actually have misled New Jersey Consumer Fraud plaintiffs. The fact that New Jersey Consumer Fraud defendants may have acted in good faith is irrelevant. It is the capacity to mislead that is important.

WHAT IS FRAUD UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “Fraud” is a perversion of the truth, a misstatement or a falsehood communicated to another person creating the possibility that that other person will be cheated.

WHAT IS FALSE PRETENSE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “false pretense” is an untruth knowingly expressed by a wrongdoer.

WHAT IS A FALSE PROMISE UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, “false promise” is an untrue commitment or pledge, communicated to another person, to create the possibility that that other person will be misled.

WHAT IS A MISREPRESENTATION UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, a “misrepresentation” is an untrue statement made about a fact which is important or significant to the sale or advertisement, and is communicated to another person to create the possibility that other person will be misled. A “misrepresentation” is a statement made to deceive or mislead.

PROOF OF DECEPTION OR INTENT NOT ALWAYS NECESSARY TO PROVE A NEW JERSEY AFFIRMATIVE ACT CONSUMER FRAUD CASE
It is not always necessary for liability under the New Jersey Consumer Fraud Act that a person actually be misled or deceived by another’s conduct. It is not necessary for a New Jersey Consumer Fraud plaintiff to show that the New Jersey Consumer Fraud defendant intended that his or her or its conduct should deceive. What is important is that the affirmative act must have had the potential to mislead or deceive when it was performed. The capacity to mislead is the prime ingredient of an affirmative New Jersey Consumer Fraud Act unlawful practice. Intent is not an essential element. New Jersey Consumer Fraud consisting of an affirmative act does not require a showing of intent.

WHAT IF THE PRICE CHARGED FOR THE PRODUCT IS EXCESSIVE?
The price charged is only one factor in the New Jersey court’s consideration. For example, if the New Jersey court finds that the price is grossly excessive in relation to the New Jersey seller’s costs and, as well, the goods sold have little or no value to the New Jersey Consumer Fraud plaintiffs for the purpose for which the New Jersey Consumer Fraud plaintiffs were persuaded to buy the goods and which it appeared they would serve, the price paid by the New Jersey Consumer Fraud plaintiffs becomes one factor relevant to weighing the wrong which the New Jersey Consumer Fraud Act seeks to prevent and which it prohibits.

WHAT IS AN OMISSION UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
The second category of New Jersey Consumer Fraud Act violations involves the “knowing concealment, suppression or omission of any material fact.” These are considered conduct by omission. Under the New Jersey Consumer Fraud Act, an “omission” is neglecting to perform what the law requires. Liability must be imposed for such inaction depending on whether there is a duty to act under the circumstances. In a New Jersey Consumer Fraud knowing omission case, the New Jersey Consumer Fraud plaintiff claims that the New Jersey Consumer Fraud defendant knowingly concealed, hid or suppressed, kept something from being known or omitted, or left out or did not mention an important or significant fact purposely or with the intent that others would rely on that concealment or suppression or omission in connection with the sale or advertisement of any merchandise or real estate, how the New Jersey Consumer Fraud defendant would act or perform after an agreement to buy was made or how the New Jersey Consumer Fraud plaintiff responded to or answered the advertisement.

WHAT IS ACTING KNOWINGLY UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
A New Jersey Consumer Fraud defendant acts “knowingly” if he or she is aware that his or her conduct is of a nature that it is practically certain that his or her conduct will cause a particular result. A New Jersey Consumer Fraud defendant acts with knowledge, consciously, intelligently, willfully or intentionally.

WHAT IS TO CONCEAL UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
To “conceal” is to hide, secrete, or withhold something from the knowledge of others or to hide from observation, cover or keep from sight or prevent discovery of. “Concealment” is a withholding of something which one is bound or has a duty to reveal so that the one en itled to be informed will remain in ignorance.

WHAT IS TO SUPPRESS UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
To “suppress” is to put a stop to a thing actually existing, to prohibit or put down, or to prevent, subdue, or end by force. “Suppression” is the conscious effort to control or conceal unacceptable impulses, thought, feelings or acts.

WHAT IS ACTING PURPOSELY UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
A New Jersey Consumer Fraud defendant acts “purposely” if it is his or her conscious object to engage in conduct that of a certain nature or cause a particular result and he or she is aware of hopes or believes that the attendant circumstances exist.

WHAT IS INTENT UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
“Intent” is a design, resolve, or determination with which a New Jersey Consumer Fraud defendant acts. It refers only to the state of mind existing when an act is done or omitted. It is not necessary that any person be, in fact, misled or deceived by another’s conduct. What is important is that New Jersey Consumer Fraud defendant must have meant to mislead or deceive when he or she or it or they acted. The fact that New Jersey Consumer Fraud defendant acted knowingly or with intent is an essential element of acts of omission under the New Jersey Consumer Fraud Act. Knowledge or intent must be shown. Where the alleged New Jersey Consumer Fraud can be viewed as either an omission or an affirmative act, the New Jersey Consumer Fraud defendant is liable for the conduct as an omission only where New Jersey Consumer Fraud defendant committed a New Jersey Consumer Fraud by omission and intent is shown.

WHAT IF THE NEW JERSEY CONSUMER FRAUD DEFENDANT IS THE OWNER OR PUBLISHER OF THE NEWSPAPER OR MAGAZINE OR PUBLICATION OR PRINTED MATTER IN WHICH THE ADVERTISEMENT APPEARED OR OWNER OR OPERATOR OF THE RADIO OR TELEVISION STATION ON WHICH THE ADVERTISEMENT APPEARED AND HAD NO KNOWLEDGE OF THE NEW JERSEY ADVERTISER’S INTENT, DESIGN OR PURPOSE?
If a New Jersey Consumer Fraud defendant says that it is the owner or publisher of the newspaper or magazine or publication or printed matter in which the advertisement appeared or the owner or operator of the radio or television station on which the advertisement appeared and that the New Jersey Consumer Fraud defendant, he or she or it had no knowledge of the intent, design or purpose of the New Jersey advertiser, the burden of proving this lack of knowledge by a preponderance of the evidence rests with the New Jersey Consumer Fraud defendant. If the New Jersey court finds that the New Jersey Consumer Fraud defendant proved by the preponderance of the evidence that he or she or it was unaware of what the New Jersey advertiser meant to do through the advertisement, the owner or publisher or operator cannot be held responsible or liable under the New Jersey Consumer Fraud Act.

WHAT ARE PER SE NEW JERSEY CONSUMER FRAUD ACT VIOLATIONS?
The third basis for responsibility under the New Jersey Consumer Fraud Act involves either a specific-situation New Jersey law or administrative regulations enacted to interpret the New Jersey Consumer Fraud Act itself. Such New Jersey law and regulations define specific conduct prohibited by law. A per se New Jersey Consumer Fraud Act violation occurs when a New Jersey merchant violates a specific-situation New Jersey law or New Jersey Consumer Fraud administrative regulations. The following are examples of potential New Jersey Consumer Fraud Act administrative regulations:
SUBCHAPTER 1 - DECEPTIVE MAIL ORDER PRACTICES
SUBCHAPTER 2 - MOTOR VEHICLE ADVERTISING PRACTICES
SUBCHAPTER 3 - SALE OF MEAT AT RETAIL
SUBCHAPTER 4 - BANNED HAZARDOUS PRODUCTS
SUBCHAPTER 5 - DELIVERY OF HOUSEHOLD FURNITURE & FURNISHINGS
SUBCHAPTER 6 - DECEPTIVE PRACTICES CONCERNING AUTOMOTIVE SALES PRACTICES
SUBCHAPTER 7 - DECEPTIVE PRACTICES CONCERNING AUTOMOTIVE REPAIRS AND
ADVERTISING
SUBCHAPTER 8 - TIRE DISTRIBUTORS AND DEALERS
SUBCHAPTER 9 - MERCHANDISE ADVERTISING
SUBCHAPTER 10 - SERVICING & REPAIRING OF HOME APPLIANCES
SUBCHAPTER 11 - (RESERVED)
SUBCHAPTER 12 - SALE OF ANIMALS
SUBCHAPTER 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF
CONSUMER AFFAIRS
SUBCHAPTER 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS
SUBCHAPTER 15 - DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT
SUBCHAPTER 16 - HOME IMPROVEMENT PRACTICES
SUBCHAPTER 17 - SALE OF ADVERTISING IN JOURNALS RELATING OR PURPORTING TO
RELATE TO POLICE, FIREFIGHTING OR CHARITABLE ORGANIZATIONS
SUBCHAPTER 18 - PLAIN LANGUAGE REVIEW
SUBCHAPTER 19 - (RESERVED)
SUBCHAPTER 20 - RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTER¬TAINMENT
SUBCHAPTER 21 - REPRESENTATIONS CONCERNING AND REQUIREMENTS FOR THE SALE OF
KOSHER FOOD
SUBCHAPTER 22 - INSPECTIONS OF KOSHER MEAT DEALERS AND KOSHER POULTRY
DEALERS; RECORDS REQUIRED TO BE MAINTAINED BY KOSHER MEAT DEALERS AND
KOSHER POULTRY DEALERS
SUBCHAPTER 23 - DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR

The following are examples of New Jersey Consumer Fraud Act law violations:
56:8-2.1 Operation simulating governmental agency
56:8-2.2 Scheme not to sell as advertised
56:8-2.3 Notification of prize winner
56:8-2.4 Picturing assembled merchandise
56:8-2.5 Selling item without price label
56:8-2.7 False solicitation of contribution
56:8-2.8 Going out of business sale
56:8-2.9 Misrepresentation of food
56:8-2.14 Refund Policy Disclosure Act
56:8-2.22 Providing copy of contract to consumer
56:8-2.23 Soliciting used goods
56:8-21 Unit Price Disclosure Act
56:8-26 Resale of tickets

WHAT TYPE OF DAMAGES CAN A SUCCESFUL NEW JERSEY CONSUMER FRAUD PLAINTIFF RECOVER AND HOW DOES A NEW JERSEY CONSUMER FRAUD PLAINTIFF PROVE THEY SUFFERED DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
New Jersey Consumer Fraud triple damages, also called New Jersey Consumer Fraud treble damages, are available to certain New Jersey Consumer Fraud plaintiffs. The tripling of the New Jersey Consumer Fraud award is meant to punish the New Jersey Consumer Fraud defendant. To win New Jersey Consumer Fraud triple damages under the New Jersey Consumer Fraud Act, a New Jersey Consumer Fraud plaintiff must prove that the New Jersey Consumer Fraud plaintiff lost money or property as a result of the New Jersey Consumer Fraud defendant’s New Jersey Consumer Fraud Act violation. The New Jersey Consumer Fraud plaintiff is allowed to receive an award of money for the New Jersey Consumer Fraud plaintiff’s Consumer Fraud loss proximately caused by the New Jersey Consumer Fraud defendant. If the New Jersey court finds that the New Jersey Consumer Fraud Act was violated and the New Jersey court awards New Jersey Consumer Fraud damages, the New Jersey Consumer Fraud Act requires the New Jersey court to triple whatever amount of damages that the New Jersey court awards to the New Jersey Consumer Fraud plaintiff.

ARE NEW JERSEY ATTORNEY’S FEE AWARDS AVAILABLE TO A SUCCESFUL NEW JERSEY CONSUMER FRAUD PLAINTIFF?
If the New Jersey court award damages to a New Jersey Consumer Fraud plaintiff, the New Jersey Consumer Fraud Act also requires the New Jersey court to compel the New Jersey Consumer Fraud defendant to pay whatever reasonable attorney’s fees that the New Jersey Consumer Fraud plaintiff incurred in the New Jersey Consumer Fraud Act case. Only a New Jersey judge decides the proper amount of a New Jersey Consumer Fraud attorney’s fee award.

IS THERE A RIGHT TO A NEW JERSEY CONSUMER FRAUD JURY TRIAL IN A NEW JERSEY CONSUMER FRAUD CASE?
There appears to be no right to a New Jersey Consumer Fraud jury trial in an action brought by the Attorney General under the New Jersey Consumer Fraud Act seeking both financial penalties and equitable relief. There appears to be a right to New Jersey Consumer Fraud jury trial for a New Jersey Consumer Fraud Act claim brought by a New Jersey Consumer Fraud plaintiff other than the Attorney General.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.
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