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NJ Consumer Rights and The Consumer Fraud Act: Suing a car dealership

The New Jersey Consumer Fraud Act

Auto Fraud Litigation

New Jersey has some of the best consumer laws in the county and provides an excellent jurisdiction to enforce you consumer rights against car dealerships and deceptive businesses.

An experienced lawyer is a must if you expect to combat the deceptive tactics that are alleged against any car dealership that has caused you to lose money form a transaction. The New Jersey Consumer Fraud Act can help you recover you money of the dealership has used deceptive tactics to have you buy a car form the dealership.Any of the following may give you concern about your consumer rights:

Buying a damage car, bait and switch, salesman lies about financing and credit, forgery, or any other number of deceptive tactics used to sell a car. You, as a New Jersey Consumer have rights for completed or attempted transactions.

Litigating cases against new and used car dealerships New Jersey under the Consumer Fraud Act required the necessary experience to understand the automotive industry and automotive industry sales practices. The law office of Jonathan Rudnick LLC as represented thousands of consumers over the years and is familiar with the deceptive practices and the method by which cartilage implement deceptive practices to the detriment of consumers. In addition, I have represented many salespersons in suit against car dealerships for improper and fraudulent payment of wages. I have an in-depth knowledge of how car dealerships work from the consumer side and also from the salesman side which provide me with an advantage. The things I have learned from represented car salesman and wage claims against automotive dealerships is invaluable.

Selling a car is an art. Most experience car salesman are experts in the art of selling cars. Most consumers do not understand this. From the time you walk into the dealership until you leave there is a concerted effort from beginning  to sell you the most amount, and expense of items even if you cannot afford them. The dealership has certain personnel with the sole job of increasing the dealership profit on each transaction. The dealership has specialized personnel for financing. The dealership has specialized personnel for sales. The dealership has specialized personnel for after sale products. The dealership has specialized personnel for taking Internet leads. There is nothing a dealership does which is done by mistake. It is all done intentionally. The sole purpose of what they do is to engage you, get you to the dealership and sell you the most expensive car for the maximum profit.

The New Jersey Consumer Fraud Act provides New Jersey consumers with some of the strongest and most powerful legislation available in the United States. The New Jersey Consumer Fraud Act and the other statutes in New Jersey protect consumers and provide assistance to attorneys who attempt to attack deceptive business practices.

If you have a question or concern or feel that you of been improperly deceived please call this law firm. The New Jersey Consumer Fraud Act might also be referred as UDAP or unfair deceptive acts and practices. If you have been misled, deceived, victimized by an improper or deceptive act or practice you could have a claim under New Jersey law.

The New Jersey Consumer Fraud Act should be liberally construed since it is remedial legislation. The New Jersey Consumer Fraud Act covers a great deal of his this activity by car dealerships, banks and other sellers of goods in or around the state of New Jersey. It covers home-improvement contractors and artisans that might be selling their goods. There is very little limited to the New Jersey Consumer Fraud Act as far as covering transactions or attempted transactions with regard to the sale of goods or services.

Your consumer rights in New Jersey are not limited to a specific industry such is car sales, bait and switch advertising, real estate, home improvement, new home sales. Each specific industry has a set of rules and regulations that might apply to various circumstances in the specific industry. The New Jersey Administrative Code regulates numerous industries including the sale of kosher goods. The regulations are extensive. The regulations have been drafted pursuant to the authority provided to the legislature under the New Jersey Consumer Fraud Act.

So if you have a claim against the seller or an advertiser of an automobile there might be specific rules and regulations that apply to the sale and marketing of automobiles. There actually are extensive rules and regulations applicable to the sale and advertising of automobiles.

So if you have a claim against the seller or advertiser of furniture there might be specific reason regulations that apply to the sale and marketing of furniture. There is extensive rules and regulations applicable to the sale and marketing of furniture including but not limited to damaged furniture.

There are extensive regulations with regard to advertising in various industries in addition to the extensive regulation of advertising in the automotive industry. There is extensive regulation and statutes applicable to home-improvement contractors. It has been well known in the state of New Jersey that there are hundreds if not thousands of customers who have been taken advantage of by unscrupulous home-improvement contractors.

Home-improvement contractors must have a registration and it is a criminal offense not have such a registration. However this is just an example of the type of industry that is encompassed in the New Jersey Consumer Fraud Act.

Obviously the most obvious industry which is regulated by the New Jersey Consumer Fraud Act is a sale and marketing of automobiles which is a significant part of this practice. All you need to do is look at your window and look at the number of people who were driving vehicles and you can see that each and every person you purchased financed or acquired a vehicle is a potential victim and might have rights under the New Jersey Consumer Fraud Act. These rates are extensive and they provide various excellent remedies to those who have been victims and those who have sustained damages also known as an ascertainable loss. In most cases so long as you sustain a ascertainable loss as defined under New Jersey law you have extensive rights under the New Jersey Consumer Fraud Act and the New Jersey regulations is formulated through the Administrative Code and other statutes.

It also covers bait and switch type situations or deceptive advertising and deceptive practices. Is does not required a completed transaction rather only an attempt to sell goods or services.

The Consumer Fraud Act can be a very powerful ally from litigant was proceeding on a claim against the car dealership or other business. New Jersey has very specific rules and regulations prohibiting various deceptive practices. There are numerous regulations that apply to car dealerships. There are numerous regulations that apply to health clubs. Were numerous regulations apply to the sale of food. These regulations and the Consumer Fraud Act can be used to tell consumers to prove an ascertainable loss. Mr. Rudnick has significant experience litigating these cases for consumers in the automotive industry. Mr. Rudnick also has represented numerous salesmen in cases against car dealerships who have sued for improperly calculated wages in commissions. These are known as pay plan litigation cases. In the pay plan litigation cases car salesman and/or managers to the car dealership for improperly inflating the cost of cars, improperly use commissions which has significant consequences. The new Wage Payment Act prohibits nonpayment of wages and provides for triple damages, attorney’s fees, and costs.

The consumer fraud act applies to automotive dealerships. Mr. Rudnick has significant experience in litigating Consumer Fraud Act claims in significant experience litigating in the automotive industry. It is imperative to have significant experience litigating in the automotive industry in either an employee or/employee situations or consumer situations. Class actions naturally arise under these circumstances as class actions are generally very well suited to the automotive industry.

He also has a blog on many of these issues. Click here to review the BLOG.  Very helpful for consumer fraud issues.

The issues in the automotive blog covered by Jonathan Rudnick include odometer rollback claims, Consumer Fraud Act claims Automotive Industry claims, breach of warranty claims, salvage claims, pre-existing damage claims, deceptive business practice claims, forgery claims, Prior damage claims, selling vehicles with extensive damage claims, selling vehicles with pre-existing issues including mechanical claims. These claims and the facts underlying these claims are addressed in the block published by Jonathan Rudnick. The purpose of this blog is to provide brief snippets of information to consumers to help them on issues which might arise daily. A very good example is an odometer rollback claim. Customers might call with a question as to what happens if their odometer has been rollback, how to fix it and have the prove it. Provision odometer rollback claim in a court of law is somewhat difficult. It is difficult because there are proof issues and hearsay issues present in a prior evidence that the mileage on vehicles. Odometer rollback claims have significantly lessened over the past years due to Carfax and Auto check however they still exist as there are cracks in the information accumulators. However, when it in odometer rollback claim does arise it is imperative to understand how to present the proper prove to the court to approve an odometer rollback claim. An odometer rollback claim would be an affirmative misrepresentation fact is this has been addressed under New Jersey law. Odometer rollback claim could be various other claims including fraud and breach of warranty, but these will depend on the facts.

A way of example some plaintiff. The easy but are actually very difficult. The opposite is also true. The issue with odometer rollback claims is actually proving odometer rollback in a court of law. This can be done with an expert. This can be done with presenting prior odometer readings. I have litigated these cases, including prior readings which is resulted in me taking depositions and other states including New York. As I have said it appears easy sometimes it is very difficult.

The same can be true for breach of warranty claims. Breach of warranty claims under New Jersey law of the very basic threshold. It is the vehicle operating his promise. His vehicle operating as it should be operating permit the owner to drive the vehicle. If the question is no, then this can simply be a very basic breach of warranty. However, there are various documents that will be signed by a customer presented by the dealer. Many times, these documents either reduce limit or completely eliminate any warranties that might be available. This is another issue for another day. However, the underlying concept of the breach of warranty is a vehicle sold, the vehicle should work. The vehicle does not work.

I would estimate that I received thousands of phones calls on the issue of breach of warranty. People call my office and state that the car does not work. Many times, I cannot take the case due to the disclaimers and or modifications of the warranties sold by the dealership. Again, just because the vehicle does not work does not necessarily mean a warranty has been breached. Some courts have no warranties. Some cars are sold as is. Even with no warranty which is expressly stated a warranty can be created in other ways including verbal statements samples and demonstrations. However, breach of warranty law does not provide for triple damages and only might provide for the award of attorney’s fees. As can be seen with the fee shifting and attorney’s fees for Consumer Fraud Act is a better theory to litigate these cases. However, just because a does not make the viable. This is the reason that it is imperative that all of the facts are examined, the conversations listen to in the documents reviewed determine if there is a valid breach of warranty claim the same is true for determining if there is a consumer fraud act claim. Complete analysis of the facts generally is required however, not under all circumstances. Sometimes there is a very minor dispute issue which might not involve a review of all the documents. However general, the document should review in the context of the discussions with the salespeople and management.

In this way, Mr. Rudnick can determine if there is a valid claim, damages can work and is the Consumer Fraud Act applicable to the facts which have been presented. The documents might for the plaintiff however the verbal statements made in the plaintiff. The same is also true of the verbal statements which create a claim with the documents might obliterate the claim.

The law in New Jersey is very good for consumers. This liberally construed to the benefit of the consumers. The Uniform Commercial Code also provides sources for consumers litigated in the automotive industry and is extensive on the issue of warranties, conflict of warranties, enforcement of warranties and what should be done pertaining to the creation of warranties. Warranties is a very good topic and the Uniform Commercial Code and very extensively dealt with under the Code. The code is liberally interpreted to create warranties rather than negate or reduce warranties. The underlying concept that is liberally construed in favor of creation of warranties for the protection of purchaser. However, the Uniform Commercial Code also provides protection for businesses to properly document reductions, limitations, or disclaimers of warranties. It can be done but it must be done properly. All the documents presented by the dealership or seller of the vehicle can be negated by only a few words stated by a salesperson or management level employee. This is the reason that the documents must be reviewed, and the discussions must be reviewed addressing the defendant’s conduct. The documents are in court. The verbal statements on point. It must be examined deeply, time, and viewed in context of New jersey Law to warranty law fraud.

The law firm of Jonathan Rudnick LLC has extensive experience in reviewing these cases speaking to customers and determining if there is a valid claim. Call my office, review the website review the blog for any assistance and hopefully the loss of Jonathan Rudnick LLC located Tinton Falls New Jersey can assist you

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