Under the New Jersey Consumer Fraud Act (CFA), citizens can bring legal action against entities or individuals who sell goods, services or real estate alleging deceptive marketing practices.
There are three general requirements to qualify for relief under the CFA:
- You must prove that the defendant engaged in an "unlawful act"
- You must show that you have sustained a tangible or identifiable financial loss
- You must show a causal connection between the defendant’s unlawful act and your loss
It’s important to understand that that Consumer Fraud Act does not require any direct contact between the perpetrator of a fraud and the victim—you only have to show that the wrongful conduct caused or contributed to the loss.
In addition, the wrongful or unlawful act can take a variety of forms. A false or misleading statement of fact or any “affirmative act” can constitute an unlawful act, but so can a knowing or intentional omission of material fact or information. Furthermore, if you can show that the defendant violation a specific law or regulation, that will be sufficient.
It’s not enough that the defendant engaged in an unlawful act, if you can’t show that you suffered any measurable loss. For example, if you opted not to buy goods or retain services, you won’t have a claim, even if the defendant’s action violated consumer product regulations or other laws.
One caveat—there’s an exception to the Consumer Fraud Act, known as the “learned professional” exception, which exempts doctors, attorneys and other similarly licensed professionals for any services within the scope of their licenses.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment.
We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.
Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.
