Consumer Fraud Complaints
Consumer Fraud Complaints in New Jersey
The New Jersey Consumer Fraud Act’s prohibits defect deceptive acts and practices. Jonathan Rudnick’s law firm has been litigating fraud and consumer fraud claims for many years against various business entities. The New Jersey Consumer Fraud Act applies to many industries including but not limited to the automotive sales industry. The reach of the New Jersey Consumer Fraud Act is excellent with regard to this industry. It applies to various and specific part of the sales and servicing process.
- · Advertising – bait and switch
- · Service
- · Marketing
- · Credit
- · Finance
- · Damages Cars
- · Pre delivery services
- · Aftermarket products
- · Salesman statements
- · Product condition
- · Warranty contents
Each of these products and the sales process behind these products are areas for litigation when and if a consumer has sustained an ascertainable loss associated with a deceptive practice. The basic requirement is that there must be a deceptive practice and affirmative misrepresentation or in other violation of the New Jersey Consumer Fraud Act associated with or related to an indirect fashion to an ascertainable loss sustained by consumer. In short:
- · Deceptive practice
- · Measurable Loss
- · Measurable Loss related to the practice
Very frequently in my experience a car dealership or an employee of the car dealership is involved in a deceptive practice. What a significant portion of my practice is related to car dealerships and the salesman this concept of deceptive acts and practices are not limited to the auto sales business. Recently you might have read significantly about Wells Fargo in the news with regard to opening accounts in consumer’s name without the consumer’s consent. Again, in my opinion, this would be a violation of the New Jersey Consumer Fraud Act for which there would be recovery if the consumer sustains a measurable or ascertainable loss. There are other areas of litigation against Wells Fargo including the fair credit reporting act and the fair debt collection practices act. While these are consumer laws resulting in consumer litigation is completely separate and apart from the New Jersey Consumer Fraud Act. However, just because you litigated a New Jersey Consumer Fraud Act claim would not bar you from litigating a claim under the fair credit reporting act or fair debt collection practices act. The remedies and rights under the New Jersey Consumer Fraud Act are in addition to, cumulative of the other rights guaranteed in either state or federal statutes.
In short you’re not limited to the New Jersey Consumer Fraud Act. You can Sue under the New Jersey Consumer Fraud Act in addition to those other federal or state statutes without any detriment to your claims. In fact hired you bring all claims against all parties in one litigation. So if you did not bring a specific claim in a certain litigation you would be barred from act claim if you wanted to relitigate that issue. The term is one bite of the apple. You get one bite of the defendants Apple. This is assuming everything is related to one transaction.
You need an experienced attorney to navigate the areas of consumer law in New Jersey and under the federal statutes. Various attorneys have a varying experience in certain areas of litigation. Jonathan Rudnick at Esq. has significant experience in litigating in the automotive industry against car dealerships. Not only is he represented consumers against car dealerships but he has represented many salesman a car dealerships with regard to pay plan litigation. Pay plan litigation is asserting that the dealership failed to pay their employees properly in violation of a written or non-written pay plan. The concepts are the same.
The New Jersey Consumer Fraud Act and the consumer laws associated with the New Jersey Consumer Fraud Act are an excellent source of remedies for those who have been aggrieved and have sustained losses.