Consumer Rights and Consumer Protection
Jonathan Rudnick Esq was named as a Super Lawyer in NJ 2014-2019 and is also has been online faculty at lawline.com at various points lecturing on auto fraud Jonathan Rudnick managing partner of a consumer law firm that handles litigation on consumer cases (consumer fraud, consumer class actions and lemon law) and personal injury claims, including class actions. A majority of the litigation involves suing car dealers and salesmen for violations of the Consumer Fraud Act. The Law Office of Jonathan Rudnick LLC also litigates Lemon Law cases for those who have purchased or leased vehicles which have significant defects and who are trying to get the money back they paid for the car.
Jonathan Rudnick, a consumer law attorney, has litigated consumer fraud cases against many of the state's largest dealerships, many home improvement companies, and various other business that have violated the New Jersey Consumer Fraud Act and been involved in unfair and deceptive acts and practices (UDAP). Call us for a consultation.
The Consumer Fraud act is a powerful ally to those that have been victims of fraud and consumer fraud. The New Jersey Consumer Fraud Act provides consumer with the protection they need and the consumer rights to rely upon when they must go to court to access the court system here in New Jersey. Odometer fraud and lease and financing fraud are also widespread here in New Jersey. Also bait and switch advertising is very prevalent so be careful when buying a car.
The area of consumer litigation can be very tricky as there are extensive and lengthy sources of the state and federal law under which you can make claims. Claims can range from simple affirmative misrepresentations of fact, omissions of material fact and regulation violations. All these claims must be associated with, even if indirectly, to a measurable or ascertainable loss associated with a transaction or attempted transaction sustained by the plaintiff normally a consumer of goods.
The defendants include individuals who were involved in the running of the business and/or participants in the improper or wrongful acts. The New Jersey Consumer Fraud Act provides recovery to individuals who have been damaged due to the improper or deceptive acts or practices from other individuals and businesses. The New Jersey Consumer Fraud Act applies to all persons including individual employees of these businesses in addition to the businesses themselves.
There are extensive discussions under the applicable case law as to who is liable and who is not liable for an act of fraud or consumer fraud. Usually this analysis deals with the specific participation of a specific person for a specific act. This means that if you can prove somebody participated in the act, (or an owner that has responsibility) they are potentially liable. However, just because somebody owned business doesn’t mean they are necessarily liable unless they participated in the alleged deceptive act or practice. If somebody did engage in the deceptive act or practice than they are potentially liable assuming that led to a loss and it violated some applicable law or regulation.
The first question is usually what is the deceptive practice, the next question is who created this world who participate in the deceptive practice and the third question is what are the damages associated with the deceptive practice which is in violation of the New Jersey Consumer Fraud Act. Once these questions are answered you can make an appropriate framework for analysis and recovery under New Jersey law.
If you think you might have a consumer law, consumer fraud, lemon law claims against the dealer or manufacturer call the Law office of Jonathan Rudnick LLC to determine whether you have one of these claims. You might think your vehicles a lemon. You might think your vehicle has been in a prior accident. You might think you might be the victim of a deceptive practice implemented by a selling dealership. You might think you of been ripped off. You might think that something is wrong, but you might not know exactly what it is, so you need some help. You pay a price that was too high? Did you get the wrong vehicle? The trick you into buying the wrong vehicle.
These are all the types of questions that you need to have answered when consulting with the consumer attorney in determining whether you have a claim against the car dealership.
The Consumer Fraud Act provides for claim if a seller of goods makes a false affirmative misrepresentation of fact. New Jersey law permits a buyer to accept representations from the seller. If these representations are false, then the buyer has claims against the seller. His obligation of the seller to assure the goods that are being sold and affirm that the representations are accurate truthful. New Jersey no longer accepts the concept of buyer beware.
When a plaintiff is asserting an omission of material fact the plaintiff must demonstrate intent. Under the Consumer Fraud Act, a claim based on an omission of material fact requires a plaintiff to demonstrate that the intent of omitting material fact was to deceive the plaintiff. If the plaintiff's purchasing decision would have been different this could be deemed intent to deceive.
There are a host of regulations in the Administrative Code as it applies to many businesses including gyms, home improvement, car dealerships, advertising and kosher food sales. These are rules of the legislature has determined that must be followed. The business is presumed to be knowledgeable of these rules. If a business violates these rules it is called a per se violation which means an automatic violation of the Consumer Fraud Act.
There are other claims to violations of the Consumer Fraud act however, these are the ones which are most utilized in most claims which are relied upon to fit within these three categories. There is a general capital all category of general deceptive practices.