By Fredrick P. Niemann, a NJ Consumer Fraud Act Attorney
Unfortunately, consumer fraud is increasing throughout New Jersey. Fraudulent actions range from small purchases involving merchandise to extremely large transactions involving real estate; many consumers are intimidated and reluctant to resist big businesses. They believe big business has the leverage because they have more resources, meaning more money to defend their position. This leaves many consumers feeling they can’t do anything when they’ve been defrauded in a transaction. Fortunately for these victims of consumer fraud, New Jersey has what is called the Consumer Fraud Act, which protects consumers from the various practices of fraudulent actions that take place in the marketplace.
The Consumer Fraud Act is one of the more complex laws in the state of New Jersey. To ensure the act covers almost every type of fraud imaginable, the New Jersey legislature has elected to create a lengthy law. Despite its complexity, however, the constant theme of the law is to protect individuals from fraudulent actions, whether the fraud is committed by big businesses, small businesses, or private small scale merchants. One of the more significant lines in the Consumer Fraud Act states,
“The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.”
The New Jersey Consumer Fraud Act was cited in a New Jersey Court case involving an airplane repair business. After a dispute arose over the amount owed for repair services to the defendant’s airplane, the plaintiff, the repair business sued to recover the amounts they claimed the plane owner owed. The defendant claimed that the repair business was attempting to defraud him and counter-sued the business. The defendant said the plaintiff was attempting to defraud him by never giving him a written estimate, verbally quoting the repair cost at $15,000 and then claiming he owed the business $35,000 after the work was complete. The plaintiff attempted to have the defendant’s counterclaim dismissed, but the Court denied this request. The Court stated the plane owner had a right to counter-sue under the Consumer Fraud Act and that the act was applicable to the facts of the case. This does not mean the plaintiff was guilty of fraud, but that the defendant had a right under the Consumer Fraud Act to allege fraud was committed based on the facts.
As a consumer in New Jersey, you have a right to protection against fraudulent actions under the Consumer Fraud Act. Although the act is complex, it offers significant protections to a wide variety of transactions. An experienced NJ Consumer Fraud attorney can explain it to you in further detail. Please contact Fredrick P. Niemann, Esq., a knowledgeable NJ Consumer Fraud Act Attorney today toll free at 888-800-7442 or email him at fniemann@hnlawfirm.com/. He would be happy to assist you in your consumer fraud matter or answer any further questions you have about the Consumer Fraud Act.