Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Monmouth County's Enforcement of NJ Consumer Fraud Act

Author: Robert E. Levy

Date: February 26, 2016

Key Contacts

Back
Monmouth County's Enforcement of NJ Consumer Fraud Act

Monmouth County Enforcement of NJ Consumer Fraud Act

The Monmouth County Division of Consumer Affairs recently announced that it recovered more than $1.8 million on behalf of consumers in 2015. The announcement highlights that violating the New Jersey Consumer Fraud Act can be costly for Monmouth County businesses.

Provisions of the Consumer Fraud Act

The New Jersey Consumer Fraud Act prohibits a range of fraudulent business practices in connection with the sale of goods, services or real estate. There are three possible bases for liability under the statute:

  • Affirmative Misrepresentation: The statute expressly prohibits certain affirmative acts, including “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation.” A “misrepresentation” is defined as an untrue statement made about a fact which is important or significant to the sale/advertisement.
  •  Knowing Omission: The statute also imposes liability for acts of omission, specifically the “knowing concealment, suppression or omission of any material fact.” In order to be unlawful, the consumer must establish that defendant acted knowingly or with intent.
  •  Specific-situation Statute/Administrative Regulations: There are a number of New Jersey statutes and regulations that set forth specific conduct prohibited by law. Many are industry specific, such as health club memberships, sale of children’s products, and home improvement services, while others apply to certain business practices, such as sending unsolicited faxes.

Once the plaintiff establishes a statutory violation, he or she must also demonstrate that the act of consumer fraud caused a measurable loss, i.e. loss of money or property.

Violations of the Consumer Fraud Act

The New Jersey Division of Consumer Affairs is tasked with enforcing the Consumer Fraud Act. However, it also delegates some of its oversight authority to county offices. The Monmouth County Division of Consumer Affairs regularly conducts inspections to verify that local businesses are in compliance with the Consumer Fraud Act and state regulations. It is also authorized to investigate and mediate individual complaints.

Violations of the Consumer Fraud Act can be extremely costly for Monmouth County businesses. Under the statute, businesses found to have committed consumer fraud must pay treble damages. That means if the consumer suffered $10,000 in damages, the actual amount the business must pay is $30,000. When a consumer brings a successful action under the Consumer Fraud Act, the defendant must also pay the plaintiff’s attorney’s fees, which can also be a sizable amount. Finally, because the Division of Consumer Affairs makes complaint histories of local businesses available to the public, companies can also lose future customers.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: