New Jersey Consumer Fraud Lawyer
Consumer fraud has become very common in the United States. How do you protect yourself? By being informed.
What is Consumer Fraud?
Consumer fraud occurs when a business (retail store, bank, auto dealer etc.) uses deceptive or misleading practices for their own financial gain. Examples include false advertising, credit card scams, lemon law cases and much more.
Types of Consumer Fraud
Because of the broad nature of the law regarding consumer fraud there are many instances where this fraud takes place.
Consumer fraud cases we handle include, but are not limited to, the following:
- Lemon law cases: If you bought a car that is in constant need of repairs or simply doesn’t work, you may be entitled to compensation under New Jersey’s lemon law.
- Car dealer fraud: If a car dealer has misled you into an unfair financing plan or otherwise taken advantage of you, you may be able to file a suit against them.
- Home improvement contractor fraud: If you paid a contractor to do work that he or she did not complete or did not do properly, you may be able pursue a legal claim.
Consumer Fraud Claim
If you live in New Jersey and you have been deceived by a business or other institution, it is important that you consult an attorney to assist you in filing a complaint. Attorney David Kaplan will review your case and help you determine the best course of action and help you understand the compensation you may be entitled to. There are several places that can be of assistance in a consumer fraud case. David Kaplan will review each of these with you:
- State Consumer Protection Agency- in the event you are scammed, we can seek help from you local or state consumer protection agency.
- The Federal Trade Commission- we can file your complaint through the FTC’s website. If there are many complaints about a given company, the FTC can take legal action.
- The National Consumer League’s Fraud Center- this organization will come in handy if you are a victim of internet or telemarketing fraud. Apart from giving providing you with information on how to avoid scams in the future, this organization will also assist you in filing for complaints with the relevant government agencies.
At the Law Office of David H. Kaplan, we will guide you on how to make a claim.
Consumer Fraud Act
New Jersey’s Consumer Fraud Act (CFA) prohibits misrepresentations, immoral practices, bait-and-switch, and other similar tactics in consumer transactions. It applies to all consumer transactions, ranging from retail goods to dealings with financial institutions. Under the CFA, victims can recover three times their actual damages as well as attorney’s’ fees.
The New Jersey Consumer Fraud Act provides that are three ways in which an act of consumer fraud may be committed:
- Affirmative Misrepresentation- a statement of fact that is untrue whether the party making the statement knew that it was untrue. So unlike traditional perceptions of fraud which require an intentional misrepresentation or lie, consumer fraud may be a negligent, unintentional misrepresentation.
- Knowing Omission- the knowing concealment, suppression or omission of any material fact related to a product. A knowing omission occurs when a business or institution knows a fact is important to the transaction but fails to disclose it to you the consumer.
- Violation of Certain Laws- either a specific-situation statute or administrative regulations enacted to interpret the Act itself. Such as selling food as kosher when in fact it is not and as many as 40 other specific violations.
If you think you have been a victim of consumer fraud, contact The Law Office of David Kaplan today for a consultation to review your case.