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New Jersey Consumer Fraud Act & Forms

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Paul DePetris


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"A narrative context for the myriad of issues. It is a powerful asset to this book that the author has included such extensive and detailed forms." -- Steven M. Richman, Esq., Duane Morris, LLP, New Jersey Lawyer Magazine

This extraordinary volume is the definitive work in the field of New Jersey consumer fraud and is worth its weight in gold as a reference book. Since the Consumer Fraud Act is one of only two areas of law that allows for treble damages, a single consumer fraud case could well be worth the price of the product.

Completely reorganized, updated, and indexed, this annual edition of New Jersey Consumer Fraud Act & Forms continues to provide comprehensive analysis about prosecuting and defending against consumer fraud claims in New Jersey.

This book seeks (1) to analyze the interplay between the CFA, the Administrative Rules pertaining thereto, the New Jersey Court Rules and the case law interpreting these subjects; and (2) to provide sample forms for use when handling CFA claims.


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  • Availability: Available
  • Brand: New Jersey Law Journal
  • Product Type: Books
  • Edition: 2019
  • Page Count: 2118
  • ISBN: 978-1-62881-555-9
  • Pub#/SKU#: JCONS19
  • Pub Date: 12/28/2018
  • Volume(s): 1
  • Frequency: Annually
  • DVD: 1

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  • Paul DePetris
Paul DePetris is a sole practitioner who concentrates his practice in the areas of Consumer Fraud Act, common law fraud, lemon law, warranty and contract disputes. Mr. DePetris has prosecuted and defended Consumer Fraud Act claims involving real estate sales, home repairs, automobile sales and repairs, appliance sales and furniture sales. He has represented and counseled consumers, real estate brokers, home repair contractors, home inspectors, automotive lenders, automotive dealerships and automotive repair facilities regarding Consumer Fraud Act claims and issues. Mr. DePetris is admitted to New Jersey and Pennsylvania bars.

Chapter 1: History and General Purpose of the CFA
1-1 Historical Background
1-1:1 CFA as Originally Adopted
1-1:2 Amendments to CFA
1-2 Purpose
1-2:1 Promotion of Truth and Fair Dealing in Marketplace
1-2:2 Compensation of Victim for Actual Loss
1-2:3 Punishment of Wrongdoer
1-2:4 Attraction of Competent Counsel for Private Enforcement

Chapter 2: Scope of the CFA
2-1 Judicial Interpretation and Invocation of CFA
2-1:1 Law Favors Liberal Interpretation of CFA
2-1:2 Growing Trend Toward Restricting CFA’s Scope
2-1:3 Guidelines for Interpreting CFA
2-1:4 Courts’ Independent Invocation of CFA
2-2 Cumulative Relief
2-3 Severability of Invalid Provisions or Applications
2-4 Who is a Claimant Under the CFA?
2-4:1 Standing Generally
2-4:2 Types of Misconduct Constituting Consumer Fraud
2-4:3 Direct and Indirect Acts Covered by CFA
2-4:4 Ascertainable Loss Requirement
2-4:5 “Person” Defined Under the CFA
2-4:6 “Consumers” as CFA Claimants
2-4:7 CFA Victims Qualify If Out-of-State Residents
2-4:8 Ignorance or Sophistication of CFA Victim
2-4:9 Privity of Contract and Indirect Purchasers
2-4:10 Incidental Beneficiaries and Assignees
2-4:11 No Requirement That Misrepresentation Be in Writing
2-4:12 Subsequent Performance
2-4:13 Customer Dissatisfaction Alone Insufficient to Provide Standing
2-4:14 Use of Product Unnecessary for Standing
2-4:15 Employees’ and Independent Contractors’ Claims
2-4:16 Sellers as Claimants
2-4:17 Businesses and Franchisees as Claimants
2-4:18 Public Entities Acting as Consumers
2-4:19 Attorneys as CFA Claimants
2-4:20 Discovery Infractions
2-4:21 Reliance on Advice of Counsel
2-4:22 Is a Sale or Purchase Necessary?
2-5 Who is a Merchant Subject to the CFA?
2-5:1 Generally
2-5:2 Debt Collectors
2-5:3 Out-of-State Merchants
2-5:4 Merchant’s Good Faith Irrelevant
2-5:5 Family Transactions
2-5:6 Industries and Entities Exempt From the CFA
2-6 Actions of Merchant’s Employees and Agents
2-7 Liability of Corporate Officers, Company Members and Corporate/Company Employees
2-7:1 Introduction
2-7:2 The Corporate Veil Doctrine Generally
2-7:3 Piercing the Corporate Veil and Alter Ego Theory of Liability as Equitable Remedies
2-7:4 Using Participation Theory of Liability to Hold Officers, Managing Members and Employees Liable
2-7:5 Following Allen, CFA Definitions Render Veil Piercing Irrelevant
2-7:6 Imposing Individual Liability on Officers, Managing Members and Employees May Have to Await Trial
2-7:7 Non-CFA Claims Brought in Tandem With CFA Claims May Still Fail Due to Claimant’s Failure to Pierce the Corporate Veil as to Non-CFA Claims
2-7:8 Examples of Cases in Which Courts Found Corporate Officers, Managing Members and/or Employees Liable or Potentially Liable
2-7:9 Examples of Cases Predating Allen in Which Corporate Officers, Managing Members and/or Employees Not Liable
2-7:10 Examples of Cases After Allen in Which Corporate Officers, Managing Members and/or Employees Not Liable
2-7:11 Modifying Default Judgments Entered Against Entities to Include Claims Against Officers, Managing Members and Employees
2-8 CFA Definitions
2-8:1 Statutory Definitions
2-8:2 Jury Charge Definitions
2-8:3 Unlawful Practices Distinguished From Unconscionable Commercial Practices
2-9 CFA Compared with Other States’ Consumer Protection Statutes
2-9:1 Generally
2-9:2 CFA Compared With New York’s Consumer Protection Law
2-9:3 CFA Compared With Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
2-9:4 CFA, PA and NY Consumer Laws Compared

Chapter 3: Per Se Violations
3-1 Per Se Violations
3-1:1 Administrative Regulations
3-2 Plaintiff’s Substantial Compliance Sufficient
3-3 Statutory and Regulatory Violations Outside the CFA as Proof of Consumer Fraud
3-4 Per Se CFA Violations

Chapter 4: Section 2 Violations of the Act
4-1 Section 2 Generally
4-1:1 The Types of Section 2 Claims
4-1:2 Proof of CFA Liability Only Requires Proof of One Type of Section 2 Violation
4-1:3 The Different Types of Section 2 Violations Generally
4-1:4 Unlawful Practice Distinguished From Unconscionable Commercial Practices
4-1:5 Partial Liability Exemption for Advertisers
4-2 Affirmative Acts
4-2:1 Generally
4-2:2 Proof of Intent of Claimant Being Misled and of Reliance Irrelevant
4-2:3 Affirmative Misrepresentations Defined and Contrasted with Puffery
4-2:4 Affirmative Acts of Unconscionability Generally
4-2:5 Unconscionable Commercial Practices, Deception, Fraud, False Pretense and False Promise
4-2:6 Violation of an Obligation Imposed by Law Other Than the CFA and Contracts Containing Unlawful Terms
4-2:7 Discovery Infractions
4-2:8 Advertisements Violating Section 2
4-3 Knowing Omissions
4-3:1 Knowing Omissions Generally
4-3:2 Distinction Between Omission and Affirmative Acts
4-3:3 Knowing Omissions Defined
4-3:4 Pleading a Knowing Omission in Federal Court
4-3:5 Knowing Omission Claims Pled Against Manufacturers
4-3:6 Examples of Omissions That Do Not Constitute Violations
4-3:7 Examples of Cases in Which Omissions Supported or Potentially Supported CFA Liability

Chapter 5: State Enforcement of the Act
5-1 Department of Law and Public Safety
5-2 Rulemaking
5-2:1 DCA Power to Make Regulations
5-2:2 Public Petitions for Rulemaking
5-3 Deference Afforded to DCA
5-4 Actions Brought By Attorney General
5-4:1 Policy Considerations
5-4:2 Municipal Court Proceeding on Same Facts No Bar to Suit
5-4:3 Investigation and Discovery Powers
5-4:4 Sanctions for Noncompliance
5-4:5 Immunity From Criminal Prosecution
5-4:6 Summary Proceedings, Injunctive Relief and Receivership
5-4:7 Imposition, Collection and Enforcement of Civil Penalties
5-4:8 Cease and Desist Orders
5-4:9 State’s Recovery of Fees and Costs
5-4:10 No Right to Jury Trial
5-4:11 Distinction Between Private Causes of Action and Those Brought by Attorney General
5-4:12 Attorney General’s Intervention in Private CFA Proceedings
5-4:13 Municipal Court CFA Proceedings

Chapter 6: Defenses and Preliminary Considerations
6-1 Introduction
6-2 Statutes of Limitations and repose
6-2:1 Statute of Limitations
6-2:2 Statute of Repose
6-3 Standing
6-4 Choice of Law/Conflicts of Law
6-4:1 Choice of Law/Conflicts of Law Generally
6-4:2 Choice of Law Analysis in the District of New Jersey
6-4:3 Resolving Choice of Law Issues in CFA Cases
6-4:4 Examples of Choice of Law Decisions Applying New Jersey Law
6-4:5 Examples of Choice of Law Decisions Applying Foreign State Law
6-5 Election of Remedies
6-6 Equitable Estoppel
6-6:1 Generally
6-6:2 Examples of CFA Claims Barred by Equitable Estoppel
6-6:3 Examples of CFA Claims Not Barred by Equitable Estoppel
6-7 Statute of Frauds
6-7:1 Generally
6-7:2 Examples of CFA Claims Barred by Statute of Frauds
6-8 Choice of Law clauses and Forum Selection Clauses
6-8:1 Choice of Law Clauses
6-8:2 Forum Selection Clauses
6-9 Forum Non Conveniens and other Jurisdictional Challenges not Based on Forum Selection Clauses
6-9:1 Forum Non Conveniens and the Jurisdictional Test
6-9:2 Forum Non Conveniens in the Context of the CFA
6-9:3 Examples of Cases Dismissed Pursuant to Forum Non Conveniens or Some Other Jurisdictional Challenge
6-10 Preemption Doctrine
6-10:1 Federal Preemption
6-10:2 State Preemption
6-10:3 Examples Where CFA Was Preempted
6-10:4 Examples Where CFA Not Preempted
6-10:5 Preemption of CFA Claims Under the Product Liability Act
6-11 Removal of Action From State to Federal Court
6-12 Mitigation of Damages
6-13 Quantum Meruit, Unjust Enrichment and Collection of Fraudulent Debts
6-13:1 Quantum Meruit, Unjust Enrichment and the Split of Authority About Whether Merchants May Use Those Causes of Action to Collect Debts That Are the Product of Consumer Fraud
6-13:2 Quantum Meruit
6-13:3 Unjust Enrichment
6-13:4 Defeating Quantum Meruit and Unjust Enrichment Claims
6-13:5 CFA Cases in Which Merchants Were Barred From Collecting Fraudulent Debts in Whole or Part
6-13:6 Duty to Advise Client of Danger of CFA Counterclaim/Award of Fees and Costs on Successful CFA Defense
6-14 Spoliation of Evidence in CFA Claims
6-14:1 Spoliation Generally
6-14:2 Preservation of Evidence of Consumer Fraud
6-15 Entire Controversy Doctrine
6-15:1 Generally
6-15:2 The Court Rules for the Entire Controversy Doctrine
6-15:3 Claim Preclusion Under the Entire Controversy Doctrine
6-15:4 Examples of CFA Cases in Which Courts Barred Claims for Violation of the Entire Controversy Doctrine
6-16 Relevant Contract and Damages Principles and procedural issues
6-17 Dischargeability of CFA Award in Bankruptcy
6-17:1 Generally
6-17:2 Burden of Proof for Nondischargeability of CFA Debt
6-17:3 Cases in Which CFA Debts Nondischargeable
6-17:4 Examples of Cases in Which CFA Debts Were Nondischargeable or Potentially Nondischargeable
6-17:5 Examples of Cases in Which CFA Debts Were Nondischargeable
6-18 Stand-Alone Contractual Jury Trial Waivers
6-18:1 Generally
6-18:2 Merchants’ Use of Jury Trial Waivers
6-19 Presuit Demand for Satisfaction
6-20 Litigation Privilege
6-20:1 Generally
6-20:2 Types of Actions to Which Litigation Privilege Commonly Applies
6-20:3 Limits of the Litigation Privilege
6-20:4 Litigation Privilege’s Application to CFA Claims
6-20:5 Examples of CFA Claims Barred by the Litigation Privilege
6-21 Judicial Estoppel
6-22 Res Judicata and Collateral Estoppel
6-22:1 Res Judicata Generally
6-22:2 Example of CFA Cases Barred by Res Judicata
6-22:3 Example of CFA Case Not Barred by Res Judicata
6-22:4 Collateral Estoppel Generally
6-22:5 Examples of CFA Cases Barred by Collateral Estoppel
6-22:6 Example of CFA Case Not Barred by Collateral Estoppel
6-23 Colorado River Doctrine’s Effect on Parallel Federal Court Proceedings

Chapter 7: Damages
7-1 Introduction
7-2 Ascertainable Loss Generally
7-2:1 Defined
7-2:2 Relationship Between Ascertainable Loss and CFA Damages
7-2:3 When Ascertainable Loss Isn’t Required
7-2:4 When Does Ascertainable Loss Accrue?
7-3 Establishing Ascertainable Loss: The Causal Connection Between the Loss and the Misconduct
7-3:1 Proof Requirements Generally
7-3:2 Fraudulent Conduct Doesn’t Have to Be Sole Cause of Ascertainable Loss
7-3:3 Proof That Claimant Actually Suffered Ascertainable Loss Unnecessary
7-3:4 Ascertainable Loss in the Context of Technical Violations
7-3:5 Trial Court’s Findings of Ascertainable Loss
7-3:6 Examples of Cases in Which Proximate Cause Was Insufficient
7-3:7 Examples of Cases in Which Proximate Cause Was Sufficient
7-4 Pleading Ascertainable Loss
7-4:1 Pleading Ascertainable Loss in State Court
7-4:2 Pleading Ascertainable Loss in Federal Court
7-5 Expert Testimony of Ascertainable Loss
7-6 Measuring Ascertainable Loss Generally
7-6:1 Amount of Ascertainable Loss Generally Recoverable
7-6:2 Ascertainble Loss Need Not Be Exact
7-6:3 Methods for Measuring Ascertainable Loss Generally
7-7 Diminution in Value as Ascertainable Loss
7-7:1 Diminution in Value Generally
7-7:2 Proving Diminution of Value
7-7:3 Is Diminution of Value or Cost of Restoration or Repairs the Proper Measure of Damages?
7-7:4 Viable CFA Diminution in Value Claims
7-8 Benefit Of The Bargain Damages
7-8:1 Benefit of the Bargain Damages Generally
7-8:2 Proving Benefit of the Bargain Damages
7-8:3 Calculating Benefit of the Bargain Damages
7-8:4 Comparison Between Benefit of the Bargain and Fraud on the Market Damages
7-8:5 Viable CFA Benefit of the Bargain Damage Claims
7-9 Out-of-Pocket Damages
7-9:1 Out-of-Pocket Damages Generally
7-9:2 Proof of Money Actually Expended Not Necessary to Prove Out-of-Pocket Damages
7-9:3 Viable Out-of-Pocket CFA Claims
7-10 De Minimis Loss
7-10:1 De Minimis Loss Generally
7-10:2 Viable De Minimis Loss CFA Claims
7-11 Absence of a Contract Between Parties
7-12 Contractual Disclaimer No Impediment to Recovering Full Ascertainable Loss
7-13 Retention of Goods
7-14 Spending Money to Establish Ascertainable Loss
7-14:1 Generally
7-14:2 CFA Claimants Sometimes Benefit From Incurring a Loss Before Filing Suit
7-14:3 CFA Cases Where Claimants Didn’t Have to Spend Money to Establish Ascertainable Loss
7-15 Price Paid and Overcharges as Proof of Ascertainable Loss
7-15:1 Price Paid Generally
7-15:2 Overcharges Contrasted With Excessive Prices
7-15:3 Damages Resulting From Course of Performance of Contract
7-15:4 Merchant’s Sales Tag as Proof of Ascertainable Loss
7-15:5 Examples Where Price Paid or Overcharges Failed to Support CFA Claims
7-15:6 Examples Where Price Paid or Overcharges Supporting or Potentially Supporting CFA Claims
7-16 Ascertainable Loss in Failed Real Estate Transaction
7-16:1 Aborted Closing Costs
7-16:2 Property Purchased and Thereafter Sold at Profit
7-16:3 All Measures of CFA Damages Might be Unavailable
7-17 Interest on Monies Wrongfully Held as Ascertainable Loss
7-17:1 Generally
7-17:2 CFA Cases in Which Claimants’ Ascertainable Loss Included Interest on Monies Wrongfully Withheld
7-18 Improper Debt or Lien as Ascertainable Loss
7-18:1 Generally
7-18:2 Cases in Which an Improper Debt or Lien Failed to Support a CFA Claim
7-18:3 Cases in Which an Improper Debt or Lien Supported or Potentially Supported a CFA Claim
7-19 Loss of Property as Ascertainable Loss
7-20 Medical Monitoring Damages
7-21 Noneconomic Damages Generally Precluded
7-21:1 Generally
7-21:2 Treatment Cost for Therapy
7-21:3 CFA Cases in Which Economic Losses or Expenses Associated With Economic Losses Failed to Support Ascertainable Loss
7-22 Customer Dissatisfaction Alone Insufficient
7-22:1 Generally
7-22:2 Cases in Which Customer Dissatisfaction Failed to Support Ascertainable Loss
7-23 Fraud on the Market Theory or Price Inflation Theory
7-23:1 Generally
7-23:2 Fraud in the Market Theory Distinguished From Benefit of the Bargain Theory
7-23:3 CFA Cases in Which Courts Found Claimants Improperly Relied on Fraud in the Market Theory
7-23:4 CFA Cases in Which Courts Found Claimants Did Not Rely on Fraud in the Market Theory
7-24 Economic Loss Doctrine in CFA Cases
7-25 Failure to Deliver Goods or Services Paid for and Wrongful Retention of Funds as Ascertainable Loss
7-25:1 Generally
7-25:2 CFA Cases in Which Failure to Deliver Goods or Services Paid for or Retention of a Deposit Failed to Support Ascertainable Loss
7-25:3 CFA Cases in Which Failure to Deliver Goods or Services Paid for or Retention of a Deposit Supported Ascertainable Loss
7-26 Refund or Other Remedy Doesn’t Eliminate Claimant’s Ascertainable Loss
7-26:1 Generally
7-26:2 CFA Cases in Which Refunds Failed to Eliminate Ascertainable Loss
7-27 Attorney’s Fees and Ascertainable Loss
7-27:1 Attorney’s Fees Compared With Ascertainable Loss
7-27:2 Attorney’s Fees As Ascertainable Loss Generally
7-27:3 CFA Cases in Which Attorney’s Fees Supported an Ascertainable Loss
7-28 Receipt of Something Worth Less or Different Than Promised
7-28:1 Generally
7-28:2 CFA Cases in Which Receipt of Something Less or Different Than Promised Supported Ascertainable Loss
7-29 Prior Substantiation Theory of Liability Claims
7-29:1 Generally
7-29:2 CFA Cases in Which Prior Substantiation Barred Claims
7-30 Replacement Costs as Ascertainable Loss
7-30:1 Generally
7-30:2 CFA Cases in Which Replacement Cost of Goods Supported Ascertainable Loss
7-31 Condominium Association’s Ability to Aggregate Ascertainable Loss of its Members
7-32 Failure to Plead or Prove Ascertainable Loss
7-33 Treble Damages
7-33:1 Authority for and Purpose of Treble Damages
7-33:2 Apportionment of Damages
7-33:3 Presuit Requirement to Demand to be Made Whole
7-33:4 Situations Where Treble Damages are Precluded
7-33:5 Failure to Prove Ascertainable Loss
7-33:6 Damages Other Than for Loss of Money or Property
7-33:7 Jurisdictional Limit of Special Civil Part
7-33:8 Separation of Treble Damages From Damages Arising Under Other Causes of Action
7-33:9 Punitive Damages
7-33:10 Dischargeability of CFA Award in Bankruptcy
7-33:11 Entry of Default Judgment on CFA claim
7-34 Interest On CFA Awards and Judgments
7-35 Special Protections for Senior Citizens and Persons With Disabilities
7-35:1 Generally
7-35:2 Heightened Penalties for CFA Violations Committed Against Senior Citizens and Persons With Disabilities
7-35:3 Penalties to Consumer Fraud Involving Home Solicitations to Senior Citizens
7-36 Windfall Argument Against Treble Damage Awards

Chapter 8: Equitable Relief
8-1 Equitable Relief Available to Private Litigants
8-2 Injunctive Relief
8-2:1 Generally
8-2:2 Examples of Cases in Which Courts Awarded Injunctive Relief
8-3 Refund of Money
8-3:1 The Refund Provisions Generally
8-3:2 Examples of Cases Where CFA Claimants Were Awarded Refunds
8-3:3 Examples of Cases Where CFA Claimants Were Denied Refunds
8-3:4 Treble Damages on Refunds Unavailable
8-3:5 Fraud Statutory Refund Remedy Separate From But Cumulative to CFA
8-4 Cancellation of Debts Arising From Consumer Fraud and Dismissal of Suits Seeking to ­Collect Such Debts
8-4:1 Generally
8-4:2 Ascertainable Loss and Debts That Are the Product of Consumer Fraud
8-4:3 Examples of Cases Where Courts Cancelled Fraudulent Debts
8-4:4 Fraud Statutory Cancellation Remedy Separate From But Cumulative to CFA

Chapter 9: Fees and Costs
9-1 Counsel Fees
9-1:1 Authority for and Policy Behind Fee Awards Under the CFA
9-1:2 Counsel Fees as Outside the Class of Recoverable Damages
9-1:3 Fee Awards Mandatory Upon Proof of Ascertainable Loss
9-1:4 Fee Awards in the Absence of Ascertainable Loss
9-1:5 Fee Awards Mandatory for Technical Violations
9-1:6 Fee Awards Recoverable Where Act Raised as a Defense
9-1:7 Fee Awards Recoverable on Settlement Contemplating Fee Application
9-1:8 Fee Award Independent of Fee Arrangement or Pro Bono Capacity
9-1:9 Attorney’s Recovery of Fees as Pro Se CFA Litigant
9-1:10 Fees Awards That Exceed the Special Civil Part’s Jurisdictional Limit
9-1:11 Simultaneous Negotiation of Merits and Fees by Public Interest Attorneys
9-1:12 Recovering Fee Awards on an Appeal
9-1:13 The Two Methods for Evaluating Fee Awards
9-1:14 The Fee Application
9-1:15 Apportionment of Fees According to Liability
9-1:16 Fee Application Appeals
9-2 Costs of Suit
9-2:1 Reasonable Costs Recoverable
9-2:2 Costs of Collection of a Consumer Fraud Judgment Recoverable
9-2:3 Recovery of Expert Witness Fees Precluded

Chapter 10: Pleading Consumer Fraud
10-1 Burden of Proof for Private CFA Claims
10-2 Consumer Fraud, Common Law Fraud and Negligent Misrepresentation Causes of Action Compared
10-2:1 Common Law Fraud
10-2:2 Negligent Misrepresentation
10-2:3 Comparison of CFA, Legal Fraud, Equitable Fraud and Negligent Misrepresentation
10-2:4 Actions Where Both Consumer Fraud and Common Law Fraud Causes of Action are Pled
10-3 Economic Loss Doctrine in CFA Cases
10-3:1 The Doctrine Generally
10-3:2 The Alloway Decision
10-3:3 The Marrone and Dean Decisions
10-3:4 Application of the Economic Loss Doctrine to State Court CFA Claims
10-3:5 Application of the Economic Loss Doctrine in the District of New Jersey Cases
10-3:6 Examples of CFA Cases Not Barred by Economic Loss Doctrine
10-4 Joint and Several Liability, Comparative Negligence and Concert of Action
10-4:1 Joint and Several Liability for Consumer Fraud Treble Damages
10-4:2 The Comparative Negligence Act Generally
10-4:3 Concert of Action Under the Restatement of the Law, Second, Torts, § 876
10-4:4 Cases in Which Courts Refused to Apply the Comparative Negligence Doctrine
10-4:5 CFA Litigants’ Use of Concert of Action Theory
10-4:6 Apportionment of Fees According to Liability
10-5 Right to Jury Trial of Private CFA Claims
10-5:1 Generally
10-5:2 No Right to Jury Trial in CFA Case Prosecuted by Attorney General
10-5:3 Demanding a Jury Trial in a CFA Case
10-5:4 Waiver of Jury Trial in Summary Actions
10-5:5 Consensual Waiver of Jury Trial Following Demand and Refusal to Waive Demand
10-5:6 Waiver of Jury Trial Demand Via Conduct
10-5:7 Stand-Alone Contractual Jury Trial Waivers
10-6 Federal Amount in Controversy Requirement
10-7 Considerations for Special Civil Part Actions
10-8 Duty to Plead CFA Claims and Defenses
10-8:1 Whether CFA Can be Pled Via Crossclaims and Affirmative Defenses in Addition to Complaint and Counterclaim
10-8:2 Duty to Timely Plead CFA Claims
10-8:3 Duty to Timely Plead Affirmative Defenses to CFA Claims
10-9 Affirmative Defenses to CFA Claims
10-9:1 Affirmative Defenses Generally
10-9:2 Affirmative Defenses to Pleadings Where Arbitration Clause Exists
10-10 Amending Pleadings to Add CFA Claims and Defenses
10-10:1 The Standard for Amending Pleadings
10-10:2 Examples of Cases Where Parties Were Denied Leave to Amend Pleadings
10-10:3 CFA Cases in Which Parties Were Permitted to Amend Pleadings
10-11 Compliance With Notice Requirement
10-12 Pleading Fraud in State Court
10-12:1 Pleading Fraud With Particularity
10-12:2 Standard for Motions to Dismiss for Failure to State a Claim
10-12:3 Examples of Failure to Properly Plead Consumer Fraud in State Court
10-12:4 Examples of CFA Pleadings Surviving Dismissal in State Court
10-12:5 Pleading in State Court to Avoid Dismissal in Federal Court if Case is Removed There
10-13 Pleading Fraud in the District of New Jersey
10-13:1 Establishing Federal Jurisdiction
10-13:2 Article III Standing
10-13:3 Initial Pleadings—Plausibility Standard
10-13:4 Initial Pleading—Rule 9(b) Particularity Standard
10-13:5 Pleading Fraud by Knowing Omission
10-13:6 Pleading Ascertainable Loss
10-13:7 Rule 12(b)(6) Motions to Dismiss for Failure to State a Claim
10-13:8 Examples of Failure to Properly Plead Consumer Fraud in Federal Court
10-13:9 Examples of CFA Pleadings Surviving Dismissal in Federal Court

Chapter 11: Pretrial and Trial Proceedings
11-1 Compliance With Notice Requirement
11-2 Sealing of Records in CFA Case
11-3 Spoliation of Evidence in CFA Claims
11-4 Expert Testimony for CFA Claims
11-4:1 Generally
11-4:2 Expert Testimony Not Always Required to Prove Ascertainable Loss
11-4:3 Expert Proofs in Real Estate Disputes
11-4:4 Cases in Which Expert Proof of Ascertainable Loss Unnecessary
11-4:5 Cases in Which Expert Testimony Necessary
11-5 Summary Judgment
11-5:1 Timeframe for Seeking Summary Judgment
11-5:2 Seeking Summary Judgment Following a Decision on a Motion to Dismiss for Failure to State a Claim
11-5:3 The Standard for Securing Summary Judgment Against CFA Claimants
11-5:4 Examples of Cases in Which CFA Claimants Were Granted Summary Judgment
11-5:5 Examples of CFA Claims Dismissed Via Summary Judgment
11-5:6 Examples of Summary Judgment Denied
11-6 Offers of Judgment
11-6:1 The Offer of Judgment Generally
11-6:2 Making the Offer
11-6:3 Acceptance of the Offer
11-6:4 Subsequent Offers
11-6:5 Consequences of Failure to Accept a Claimant’s Offer
11-6:6 Consequences of Failure to Accept a Nonclaimant’s Offer
11-6:7 Miscellaneous Provisions of the Offer of Judgment Rule
11-6:8 Offer of Judgment Fee Applications
11-6:9 Using Offer of Judgments Against CFA Claimants
11-6:10 CFA Claimant’s Use of Offer of Judgment
11-7 Avoiding Damage Verdicts
11-8 Fact Finding Issues
11-9 Motion for Judgment at Trial
11-9:1 The Types of Motions for Judgment at Trial
11-9:2 Erroneous Dismissal of CFA Case at Trial
11-9:3 Motions to Dismiss Made Against a Merchant Seeking to Collect a Debt That Is the Product of Consumer Fraud
11-9:4 Examples of CFA Claimants Surviving Motion to Dismiss Made at Trial
11-10 Issues that Constitute Questions for the Jury
11-11 Jury Instructions and Jury Interrogatories in CFA Claims
11-11:1 Jury Instructions Generally
11-11:2 When Fraud May Be Viewed as Affirmative Act or Omission
11-11:3 Failure to Instruct Jury on Both Affirmative Misrepresentation and Knowing Omission
11-11:4 Breach of Warranty in the Context of an Unconscionable Commercial Practice
11-11:5 Instructions on Amount of Damages to Award
11-11:6 Right to Ultimate Outcome Charge
11-11:7 Trial Court’s Application of Incorrect Burden of Proof
11-11:8 Joint and Several Liability, Comparative Negligence and Concert of Action
11-11:9 Jury Interrogatories in CFA Cases
11-12 Arguments During Openings and Closings
11-13 Default Judgment
11-13:1 Generally
11-13:2 Defaulted Party’s Right to Appear and Contest Proof Hearing
11-13:3 Entry of Default Judgment on CFA Claim
11-13:4 Examples of CFA Cases in Which Courts Refused to Enter Final Judgments Against Defaulted Parties
11-13:5 Modifying Default Judgments to Include Individual Liability
11-13:6 During Proof Hearing, Trial Court May Reinstate CFA Claim Previously Dismissed

Chapter 12: Class Actions
12-1 Class Certification of CFA Claims
12-1:1 Class Actions Generally
12-1:2 Purpose of Class Action Certification
12-1:3 Liberal Construction of Class Certification Rule
12-2 CFA Claim Certification in NJ State Courts
12-2:1 The Test for CFA Claim Certification in New Jersey State Courts Generally
12-2:2 Proof of Misrepresentation as to All Class Members Unnecessary
12-2:3 Class Certification When Prospective Members’ Reactions to Misrepresentations Differ
12-2:4 Proving Allegations of Deception Based on Series of Oral and Written Misrepresentations and Omissions of Material Fact
12-2:5 Ascertainable Loss Requirement in Class Certification Context
12-2:6 Incentive Award or Stipend for CFA Class Action Intervenor
12-2:7 Examples of Successful Class Certifications in State Court
12-2:8 Examples of Unsuccessful Class Certifications in State Court
12-3 The Class Action Fairness Act
12-3:1 CAFA Generally
12-3:2 The Paradoxes of Removal
12-3:3 The Mechanics of Removal
12-3:4 The Remand Test
12-3:5 CFA Actions Brought By the AG Not Subject to Removal
12-4 Certification of Class Actions in the District of New Jersey
12-4:1 Rule 23(a) Requirements
12-4:2 Generally
12-4:3 Rule 23(a)’s Specific Requirements
12-4:4 The Judicially Created Ascertainability Requirement
12-4:5 Rule 23(b) Categories
12-4:6 Court’s Analysis of Pleadings Under Rule 23 Requirements
12-4:7 Article III Standing in Class Actions
12-4:8 Rule 23’s Test for Certifying a Class Action for Settlement
12-4:9 Damage Proofs for Class Certification in District of New Jersey
12-4:10 Timing for Challenging Putative Class Actions
12-4:11 Examples of Class Action Certifications Granted in Federal District Court of New Jersey
12-4:12 Examples of Class Action Certifications Denied in Federal District Court of New Jersey
12-5 Contractual Class Action Waivers
12-6 Settlement of Class Action CFA Claims
12-6:1 Generally
12-6:2 Class Settlements in the Third Circuit
12-7 Preclusive Effect of Class Action Settlements
12-8 Class Members’ Incentive Awards

Chapter 13: Advertisements
13-1 CFA Applicability to Advertisements
13-1:1 What Constitutes an “Advertisement” Under the CFA
13-1:2 CFA Not Applicable to Advertisement Publishers
13-2 Advertising Expressly Prohibited by CFA
13-3 Advertisements Violating Section 2
13-3:1 Generally
13-3:2 Misleading Statements and Puffery Distinguished
13-4 Subsequent Performance
13-5 CFA Regulations Governing Advertising
13-5:1 Generally
13-5:2 Definitions
13-5:3 Application of Regulation
13-5:4 Prohibitions Applicable to All Advertisements
13-5:5 Prohibition on Fictitious Pricing and Methods of Substantiation
13-5:6 Example of Violation of the CFA’s General Advertising Regulations
13-6 Prizewinning Advertisement
13-7 Scheme Not to Sell Item Advertised
13-8 CFA Liability for Advertising in Specific Industries

Chapter 14: Banks and Lending Institutions
14-1 Generally
14-1:1 Lenders Liable for CFA Violations
14-1:2 No Presumed Fiduciary Relations Between Lenders and Borrowers
14-1:3 Hesitancy of Courts to Impose CFA Liability on Lenders
14-2 Bank Deposits and Bank Collections
14-3 Liability For Unsolicited Checks and Credit Cards
14-3:1 Definitions
14-3:2 Limitation on Liability for Unsolicited Checks/Credit Cards
14-4 Violations of Lending Laws Outside the CFA as the Basis of CFA Violations
14-5 Coin Redemption Machines
14-5:1 Generally
14-5:2 Definitions
14-5:3 Notification of Fees for Use of Machine
14-5:4 Penalties
14-5:5 Prohibition on Class Actions
14-5:6 Adoption of Rules and Regulations by the DCA
14-6 Banks Selling Real Estate
14-7 Non-Mortgage Cases Where Lenders Faced No CFA Liability
14-8 Non-Mortgage Cases Where Lenders Faced Potential or Actual CFA Liability
14-9 Mortgages, Loan Modifications and Foreclosures
14-9:1 CFA Pled in Defense or Response to Foreclosure Complaint
14-9:2 Loan Modifications
14-9:3 New Jersey Home Ownership Security Act
14-9:4 Mortgage Rescue Plans
14-9:5 Lenders Selling a Mortgage the Borrower Cannot Afford
14-9:6 Examples of Unsuccessful CFA Mortgage, Foreclosure and Loan Modification Cases
14-9:7 Examples of Viable CFA Cases Involving Mortgages, Loan Modification or Foreclosure Issues

Chapter 15: Contract and Warranties
15-1 Introduction
15-2 Breach of Contract and Breach of Warranty
15-2:1 Common Law and Statutory Breach of Contract and Warranty Claims Differentiated
15-2:2 Proof of a Breach of Contract
15-2:3 Proof of a Breach of Warranty
15-2:4 Breach of Contract and Breach of Warranty May Exist Alongside CFA Claim
15-2:5 Avoiding Liability for CFA Claims Via Warranties and Their Disclosures
15-2:6 The Romano Case
15-2:7 Substantial Aggravating Circumstances Requirement for CFA Claims Predicated on Breach of Contract and Breach of Warranty
15-2:8 Substantial Aggravating Circumstances Not Found
15-2:9 Substantial Aggravating Circumstances Found
15-3 Contracts Required to be Provided to Consumer
15-3:1 Generally
15-3:2 Contracts Not Provided by Merchant May be Unenforceable
15-3:3 CFA Case in Which Merchant’s Failure to Give Contract Supported Liability
15-3:4 Failure to Give Contract Where the Parties Never Draw Up a Contract and There Is No Independent Requirement for the Merchant to Do So
15- 4 Applicability of Contract Law Principles
15-4:1 No Requirement that Misrepresentation be in Writing
15-4:2 Privity of Contract and Indirect Purchasers
15-4:3 Exculpatory Causes—Contractual Limitations of Liability and Waiver of Defenses Clauses
15-4:4 Parol Evidence Rule
15-5 Subsequent Performance
15-6 Truth in Consumer Contract, Warranty, and Notice Act Claims Based on CFA Violations
15-6:1 TCCWNA’ s Purpose and Interpretation
15-6:2 TCCWNA Is an Unwaivable Cumulative Statute
15-6:3 Who Has Standing Under the TCCWNA?
15-6:4 The Different Subsections of TCCWNA that Support Claims
15-6:5 Elements of a TCCWNA Claim
15-6:6 Relief Under TCCWNA
15-6:7 Examples of Potential or Successful TCCWNA Claims Predicated on CFA Violations
15-6:8 Examples of Unsuccessful TCCWNA Cases Based on CFA Violations
15-7 Performance of Arbitration Agreements
15-8 Contracts Containing Unlawful Term
15-9 Liquidated Damages And Excessive Fees
15-9:1 Generally
15-9:2 The Test For Distinguishing Between a Valid Liquidated Damages Clause and a Penalty
15-9:3 Cases in Which Liquidated Damages Clauses or Excessive Fees Might or Did Support CFA Violations
15-9:4 Cases in Which Liquidated Damages Clauses or Excessive Fees Failed to Support CFA Violations
15-10 Service Contracts
15-10:1 Generally
15-10:2 Definitions
15-10:3 Certain Types of Documents Exempt From the SCA
15-10:4 Service Contracts Distinguished From Insurance
15-10:5 Assurance of Faithful Performance of Service Contracts
15-10:6 Seller’s Joint and Several Liability For Noncompliance With SCA
15-10:7 Appointment of Service Contract Administrator
15-10:8 Requirements for Issuance of Reimbursement Insurance Policy
15-10:9 Mandatory Service Contract Contents
15-10:10 Mandatory Recordkeeping Requirements

Chapter 16: Cats and Dogs
16-1 Pet Purchases
16-2 Definitions
16-3 No Limitation on Other Remedies, Rules or Regulations
16-4 Statutory Per Se Violations
16-5 Per Se Violations Under Regulations
16-6 Sickness or Death of Pet Following Date of Purchase and Revocation of License
16-7 Disclosure of Pppa Requirements
16-8 Investigation and Enforcement by Director
16-9 Examples of CFA Cases Involving Pet Sales

Chapter 17: Foodstuffs
17-1 Introduction
17-2 FDA Preemption of Food Regulation
17-2:1 Generally
17-2:2 Cases in Which CFA Foodstuff Claims Were Preempted
17-3 Restaurant Menus
17-4 Infant Formula and Baby Food Subject to FDA Expiration Dating Requirements
17-5 Halal Foods
17-5:1 Halal Defined
17-5:2 Per Se Violations
17-5:3 Administrative Rules
17-5:4 Definitions
17-5:5 Disclosures Required
17-5:6 Good Faith Reliance on Representation
17-5:7 Recordkeeping Requirements
17-5:8 Presumption of Possession of Nonconforming Food
17-5:9 Dealer Inspections
17-6 Kosher Foods
17-6:1 Kosher Defined
17-6:2 Disclosures and Per Se Violations
17-6:3 Administrative Rules
17-6:4 Definitions
17-6:5 Disclosures Required
17-6:6 Labeling Requirements
17-6:7 Filing Requirements
17-6:8 Dealer Inspections
17-7 Meat Sold at Retail
17-7:1 Definitions
17-7:2 Labeling and Advertising Requirements
17-7:3 Fabricated Steak Preparation
17-7:4 Supply of Meat Advertised
17-7:5 Frozen Meat
17-7:6 Per Se Violations
17-8 Unsuccessful CFA Foodstuff Claims
17-9 Foodstuff Cases that Were Viable or Successful

Chapter 18: Health and Safety
18-1 Introduction
18-2 Health Clubs
18-2:1 Definitions
18-2:2 Per Se Violations
18-2:3 Registration Requirements
18-2:4 Bond Requirements
18-2:5 Contract Requirements
18-2:6 Administrative Rules
18-2:7 Notice of Registration
18-2:8 Exemption From Registration
18-2:9 Example of Unsuccessful Health Club CFA Cases
18-3 Safety Professionals
18-3:1 Generally
18-3:2 Definitions
18-3:3 Per Se Violations
18-4 Industrial Hygiene
18-4:1 Generally
18-4:2 Definitions
18-4:3 Per Se Violations
18-5 Hazardous Products
18-5:1 Per Se CFA Violations
18-5:2 Definitions

Chapter 19: Home Appliances, Furniture and Furnishings
19-1 Home Appliances
19-1:1 DCA Regulations and Definitions
19-1:2 Required Disclosures at Sale
19-1:3 Per Se Violations
19-1:4 Exceptions
19-2 Household Furniture and Furnishings
19-2:1 Per Se CFA Violations
19-2:2 Definitions
19-2:3 Delivery Practices

Chapter 20: Home Improvement Contractors
20-1 Home Improvement Contractors’ CFA Liability generally
20-1:1 Introduction
20-1:2 What Types of Structures Are Covered by the CRA, HIP and HICR?
20-1:3 Services Not Subject to the CRA, HIP, or HICR
20-1:4 Services Subject to the CRA, HIP, and HICR
20-1:5 Landscapers’ Liability Under the CFA
20-1:6 Treble Damages Unavailable without a Causal Nexus Between Contractor’s Misconduct and Ascertainable Loss
20-1:7 Example of Cases Holding Home Repair Contractors Not Liable for Consumer Fraud
20-1:8 CFA Cases in Which Contractors Were Liable or Potentially Liable for Consumer Fraud Violations
20-1:9 Home Repair Contractors’ Efforts to Collect Bills When They Commit Consumer Fraud
20-2 Contractor Registration Act
20-2:1 Introduction
20-2:2 Definitions
20-2:3 Scope
20-2:4 Supersedure of Municipal Ordinance and Regulations
20-2:5 Per Se Violations
20-2:6 Registration of Contractors
20-2:7 Insurance Requirements
20-2:8 Display of Registration Numbers and Other Mandatory Disclosures
20-2:9 Customer’s Right to Cancel Contract
20-2:10 Requirements for Contracts Over $500.00
20-3 Home Improvement Contractor Registration Rules
20-3:1 Definitions
20-3:2 Registration Requirements
20-3:3 Disclosure Requirements
20-3:4 Insurance Requirements
20-3:5 Contracts Must Comply With HIP and CRA
20-4 Home Improvement Practices Rules
20-4:1 Definitions
20-4:2 Scope
20-4:3 Per Se Violations
20-4:4 Warranty Disclosures
20-4:5 Contract Requirements

Chapter 21: Insurance
21-1 Introduction
21-2 CFA Applicability to Insurance Industry
21-2:1 Generally
21-2:2 Distinction Between CFA Cases Involving Underpayment of Insurance Benefits Versus Nonpayment
21-2:3 Examples of Unsuccessful CFA Claims Against Insurance Carriers
21-2:4 Examples of Insurance Cases in Which the CFA Was Applicable or Viable
21-2:5 Statute of Limitations Relative to Insurance Claims
21-3 Insurance Brokers Exempt
21-4 Credit Insurance
21-5 Title Insurance
21-5:1 Generally
21-5:2 Examples of Potential CFA Claims Against Title Agencies
21-5:3 Examples of Unsuccessful CFA Claims Against Title Agencies
21-6 Availability of Insurance Coverage for Consumer Fraud Claims
21-6:1 Types of Insurance Policies a Merchant May Have
21-6:2 Scope of Coverage
21-6:3 Duty to Defend and Exclusions
21-6:4 Examples Where Insurer Not Required to Defend CFA Claim

Chapter 22: Internet Dating
22-1 Internet Dating Safety Act
22-1:1 Purpose of the Act
22-1:2 Definitions
22-1:3 Applicability of the Act
22-1:4 Safety Notifications
22-1:5 Criminal Background Screenings

Chapter 23: Learned Professionals and Licensed Semiprofessionals
23-1 Applicability of CFA Generally
23-1:1 All Professionals Previously Exempt from CFA Liability
23-1:2 The Learned Professional Doctrine as an Outgrowth of the Preemption Doctrine
23-1:3 Learned Professional Doctrine’s Protection
23-1:4 When are Learned Professionals Not Protected by Doctrine?
23-1:5 Licensed Professionals and Semiprofessionals Expressly Subject to CFA
23-2 CFA Applicability to Specific Professions
23-2:1 Accountants
23-2:2 Architects
23-2:3 Attorneys
23-2:4 Insurance Brokers 1399
23-2:5 Physicians, Hospitals and Nursing Homes
23-2:6 Real Estate Appraisers
23-2:7 Environmental Engineers and Consultants
23-2:8 Shorthand Reporters
23-2:9 Financial Planners
23-2:10 Home Inspectors
23-2:11 Schools
23-2:12 Securities Brokers
23-2:13 Ambulance Services

Chapter 24: Manufacturers
24-1 Manufacturers’ CFA Liability
24-1:1 Generally
24-1:2 Knowing Omission Claims Pleaded Against Manufacturers
24-1:3 Avoiding Liability for CFA Claims Via Warranties and Their Disclosures
24-1:4 Examples of Cases Where Manufacturers Avoided CFA Liability
24-1:5 Examples of Cases Where Manufacturers Faced Potential or Actual CFA Liability
24-2 Subsumption of CFA Claims Under the Product Liability Act
24-3 Manufacturer’s CFA Liability and the Lemon Law
24-3:1 Introduction
24-3:2 Notice of Consumer Rights
24-3:3 CFA Violations Under NCLL

Chapter 25: Personal Information Security
25-1 Introduction
25-2 Security of Personal Information Handled by Businesses Generally
25-3 Definitions
25-4 Per Se Violations
25-5 Destruction of Personal Information
25-6 Notice of Security Breaches
25-7 Prohibitions Against Disclosure of Social Security Numbers
25-8 Prohibitions about Publishing Certain Information on Internet
25-9 Personal Information Security Applicable to Health Insurance Carriers
25-9:1 Definitions
25-9:2 Restrictions for Health Insurance Carrier Relative to Certain Computerized Records
25-9:3 Per Se Liability

Chapter 26: Public Entities and Public Utilities
26-1 Public Entities and Public Utilities
26-1:1 Immunity from CFA Liability Generally
26-1:2 Eleventh Amendment Immunity From CFA Claims
26-2 Examples of Cases where Public ­Entities or Utilities were not ­Liable for Consumer Fraud
26-3 Political Parties’ Fundraising
26-4 Public Entities Acting As Consumers

Chapter 27: Real Estate Sales and Services
27-1 CFA’S Applicability to Real Estate Sales
27-1:1 CFA’s Application to Real Estate Transactions
27-1:2 Real Estate Builders and Developers
27-1:3 Real Estate Brokers, Agents and Salespersons
27-1:4 Nonprofessional Sellers of Real Estate
27-1:5 Caveat Emptor, Merger Doctrine, “As Is” and “No Warranties” Clauses, Presale Investigations and Acceptance of Property With Known Defects
27- 2 Real Estate Resale and Management
27-2:1 Generally
27-2:2 Examples of Cases Where Real Estate Resellers or Managers Faced Actual or Potential CFA Liability
27-2:3 Examples of Cases Where Real Estate Investors or Managers Faced No CFA Liability
27-3 Tenancies
27-3:1 Generally
27-3:2 CFA Cases in Which Landlord Not Liable
27-3:3 CFA Cases in Which Landlord Potentially or Actually Liable
27-4 Condominium Complexes, Units and Associations
27-4:1 The Condominium Act Generally
27-4:2 Standing to Bring CFA Suits
27-4:3 Examples of CFA Cases Involving Condominiums
27-5 Real Estate Appraisers
27-6 Home Inspectors
27-7 Title Insurance
27-8 Escrow Agent Evaluation Services
27-9 Banks Selling Real Estate
27-10 Proof of Damages in CFA Real Estate Disputes
27-10:1 Expert Testimony in Real Estate Disputes
27-10:2 Different Measures of Ascertainable Loss in Real Estate CFA Cases

Chapter 28: Sales and Merchandise
28-1 Sales and Merchandise Defined
28-1:1 What Constitutes “Merchandise” Under the CFA
28-1:2 What Constitutes a “Sale” Under the CFA
28-2 Charitable/Nonprofit Organization Solicitations/Sales
28-3 Disclosure of Profit-Making Nature of Sale
28-4 Disclosure of Raincheck Policy
28-5 Disclosure of Refund Policies
28-6 Geographic Origin of Business
28-7 Gift Cards/Gift Certificates
28-7:1 Definitions
28-7:2 Per Se Violations and Restrictions
28-8 “Going Out of Business” Sale
28-9 Mail Order Sales
28-9:1 Parties to Whom Rules Apply
28-9:2 Per Se Violations
28-10 Money Orders
28-11 Operation simulating Government Agency
28-12 Price of Merchandise during State of Emergency
28-12:1 Definitions
28-12:2 Per Se Violations
28-13 Resale of Entertainment Tickets
28-13:1 Definitions
28-13:2 Applicability
28-13:3 Registration
28-13:4 Ticket Resale Requirements
28-13:5 DCA Rules and Regulations
28-13:6 Examples of CFA Cases Involving Event Ticket Sales
28-14 Scheme Not to Sell Item Advertised
28-15 Tagless Merchandise
28-16 Unit Price Disclosure

Chapter 29: Securities
29-1 Securities Outside CFA Scope
29-1:1 Generally
29-1:2 Examples of Securities Cases in Which CFA Claims Barred
29-1:3 Examples of Securities Cases With Viable CFA Claims

Chapter 30: Telecommunications
30-1 Information Services
30-1:1 Definitions
30-1:2 CFA Violations
30-1:3 Subscriber Right to Block Access
30-1:4 Enforcement
30-2 Junk Faxes
30-2:1 Definitions
30-2:2 JFA Compared With Federal Law
30-2:3 Prohibited Conduct
30-2:4 Private Cause of Action, Penalties and Per Se Violations
30-3 Prepaid Telephone Calling Cards
30-3:1 Definitions
30-3:2 Requirements
30-3:3 Per Se Violations
30-3:4 Dormancy Fees
30-4 Telemarketing Calls
30-4:1 Definitions
30-4:2 Violations and Penalties
30-4:3 Telemarketer Registration
30-4:4 Do Not Call List
30-4:5 Prohibited Conduct
30-4:6 Collection of Fees
30-4:7 Information Submitted to Division
30-4:8 Administrative Regulations
30-5 The Filed Rate Doctrine’s Preemption of CFA Telecommunication Cases
30-5:1 The Doctrine Generally
30-5:2 Case in Which the Filed Rate Doctrine Preempted CFA Claims
30-5:3 Cases in Which the Filed Rate Doctrine Did Not Preempt CFA Claims

Chapter 31: Temporary Help Services
31-1 CFA Amendment for Temporary Help Services
31-2 CFA Regulations
31-3 Temporary Help Service Firms, Employment Agencies, and Consulting Firms Compared With One Another
31-3:1 Temporary Help Service Firms Dealt With Differently Than Employment Agencies
31-3:2 Temporary Help Firm Defined
31-3:3 “Employment Agency” Defined
31-3:4 Consulting Firm Defined
31-3:5 Examples of Cases in Which Business Found Not to Be Temporary Help Service Firms
31-3:6 Examples of Cases in Which Businesses Found to Be Temporary Help Service Firms
31-4 General Requirements
31-5 Transportation Requirements
31-6 Wage Requirements
31-7 Unlicensed Agencies Estopped from Collecting Debts
31-8 Unlicensed agencies Barred from litigating non-debt collection claims
31-9 Failure To secure contract position Fails to Support CFA Claim

Chapter 32: Toys
32-1 Toy Safety and Notification Requirements
32-1:1 Statutory Requirements
32-1:2 Administrative Rule Requirements
32-1:3 Amended Child Product Safety Law
32-2 Bicycle Safety Notices

Chapter 33: Vehicle Sales and Services
33-1 Automotive Advertising AnD SALES Practices
33-1:1 Introduction
33-1:2 Automotive Advertising Practices Regulations
33-1:3 Automotive Sales Practices Regulations
33-1:4 Examples of Unsuccessful CFA Vehicle Advertising and/or Sales Cases
33-1:5 Examples of Successful or Viable CFA Vehicle Advertising and/or Sales Cases
33-2 Vehicle Leasing and Subleasing
33-2:1 Leasing
33-2:2 Subleasing
33-3 Lemon Law for New Car Purchase
33-3:1 Introduction
33-3:2 Notice of Consumer Rights
33-3:3 CFA Violations Under NCLL
33-4 Lemon Law — Used Car
33-4:1 Definitions
33-4:2 Applicability to Dealer/Lessors
33-4:3 Per Se Violations
33-4:4 Minimum Warranties for Certain Vehicles
33-4:5 Dealer’s Obligation to Buy Back Vehicle
33-4:6 Affirmative Defenses
33-4:7 Presumptive Lemon
33-4:8 Warranty Extended While Vehicle Undergoing Repairs
33-4:9 Bond Requirement
33-4:10 Administrative Regulations
33-4:11 Service of Pleading Upon Used Car Lemon Law Unit
33-5 Vehicle Repairs
33-5:1 Definitions
33-5:2 Applicability
33-5:3 Per Se Violations
33-5:4 Examples of Viable or Successful CFA Vehicle Repair Cases
33-5:5 Examples of Unsuccessful CFA Vehicle Repair Cases
33-6 Municipal Storage Charges for Automobiles
33-7 Tire Regulations
33-7:1 Definitions
33-7:2 Per Se Violation
33-8 Vehicle Protection Products
33-8:1 Vehicle Protection Product Defined
33-8:2 Registration Required for Sale of Vehicle Protection Products
33-9 Watercraft Repairs
33-9:1 Definitions
33-9:2 Per Se Violations
33-10 Window Tinting
33-10:1 CFA Violations
33-10:2 Enforcement by Director
33-11 Private Property and Non-Consensual Towing Companies
33-11:1 The Towing Act and Its Regulations Generally
33-11:2 Procedural Considerations for Towing Act Claims
33-12 Vehicle Service Contracts
33-13 Vehicle Rentals
33-13:1 Generally
33-13:2 Example of Unsuccessful CFA Claim Against Rental Vehicle Business
33-13:3 Examples of Viable CFA Claims Against Rental Vehicle Businesses
33-14 Marinas
33-14:1 Generally
33-14:2 Unsuccessful CFA Claims Against Marinas

Chapter 34: International Labor Matching Organizations and International Matchmaking Organizations
34-1 Introduction
34-2 Scope
34-3 Definitions
34-4 Registration Requirements and Procedures
34-5 Disqualifying Crimes and Petition for Review
34-6 Information Provided to Recruits
34-7 Recordkeeping Requirements

Chapter 35: Pharmaceuticals
35-1 Introduction
35-2 Preemption of CFA Pharmaceutical Claims
35-2:1 Generally
35-2:2 Cases in Which CFA Pharmaceutical Claims Were Preempted
35-3 Prior Substantiation Theory of Liability Claims
35-3:1 Generally
35-3:2 CFA Pharmaceutical Cases Barred by Prior Substantiation Doctrine
35-4 Unsuccessful CFA Pharmaceutical Cases
35-5 Viable CFA Pharmaceutical Cases
35-6 Pharmacies
35-7 Medical Marijuana Distribution
35-7:1 Introduction
35-7:2 Scope of Regulations
35-7:3 Physician Reporting Requirements
35-7:4 Alternative Treatment Center Reporting Requirements
35-7:5 Electronic Format Requirements for Information Transmitted
35-7:6 Frequency Requirements for Transmitting Information and Confidentiality of Information
35-7:7 DCA’s Ability to Waive Requirements

Chapter 36: Arbitration of CFA Claims Outside the Courts
36-1 Introduction
36-2 Overview of Arbitration Process
36-3 Courts and Legislatures Favor Arbitration
36-4 Use of Arbitration Agreements
36-5 Effect of Arbitration Clauses Upon CFA Claims
36-5:1 Generally
36-5:2 Obstacles to Enforcing Arbitration Clauses
36-5:3 Shrinkwrap and Browsewrap Arbitration Agreements
36-6 Drafting Arbitration Clauses
36-7 Federal Arbitration Act’s—­Application
36-8 Ruaa’s Application
36-8:1 Generally
36-8:2 Issues Not Subject to Alteration in Arbitration Agreements
36-9 Who Decides Arbitrability?
36-10 Summary Actions to Determine Whether an Action Must Be Arbitrated
36-11 Motions to Dismiss Suit and Compel Arbitration
36-11:1 Generally
36-11:2 Motions to Compel Arbitration in the District of New Jersey
36-11:3 Appealing Orders Deciding Motions to Compel Arbitration
36-12 Determining If a CFA Claim Must Be Arbitrated
36-12:1 The Two Part Test for Deciding If a CFA Claim Requires Arbitration
36-12:2 Are the Parties Bound to a Valid Arbitration Clause?
36-12:3 Does the CFA Claim Fall Within the Scope of the Arbitration Clause?
36-12:4 Third Circuit’s Broad Interpretation of Arbitration Clauses
36-13 Waiver of Arbitration Rights
36-13:1 Generally
36-13:2 Presumption Against Waiver of Arbitration Rights
36-13:3 Examples of Situations in Which Arbitration Was Not Waived
36-13:4 Examples of Situations in Which Arbitration Was Waived
36-14 Compelling Nonsignatories to Arbitration Agreements to Arbitrate Claims
36-14:1 Introduction
36-14:2 Compelling Nonsignatories to Arbitrate Claims Via Equitable Estoppel
36-14:3 Examples of CFA Cases in Which Courts Refused to Compel Nonsignatories to Arbitrate Claims
36-15 Examples of CFA Cases in which Courts Enforced Arbitration Agreements
36-16 Examples of CFA Cases in which Arbitration Agreements Were Circumvented
36-17 Class Action Arbitration Waivers
36-17:1 Generally
36-17:2 Differences Between Class Arbitration and Bipolar Arbitration
36-17:3 Enforceability
36-17:4 Successful Contractual Class Action Waivers
36-17:5 Unsuccessful Class Action Waivers
36-18 Handling Arbitrations Outside the Court System
36-18:1 Initiating Arbitration
36-18:2 Scope of Arbitrator’s Authority
36-18:3 Rules Applied to Arbitration Proceeding
36-18:4 Consequences for Failing to Participate in Arbitration Proceeding
36-19 Judicial Review of Arbitration Awards Rendered Outside The Court System
36-19:1 Generally
36-19:2 Judicial Review of Arbitration Awards by District Courts
36-19:3 Consequences of Failing to Vacate an Arbitration Award in the District of New Jersey
36-19:4 Judicial Review of Arbitration Awards Under RUAA
36-19:5 State Court Appeals of Motions Compelling or Denying Arbitration
36-20 Consumer Fraud Claims Brought Against Arbitration Providers

Chapter 37: Charitable Institutions
37-1 Introduction
37-2 Charitable/Nonprofit Organization Solicitations/Sales
37-3 Charitable Immunity
37-3:1 The Charitable Immunity Act Generally
37-3:2 Does the Entity Qualify for Charitable Immunity?
37-4 Charitable Immunity Only Bars Negligence Claims and Therefore, does not Bar Consumer Fraud
37-5 Example of CFA Claim Brought Against a Nonprofit Institution

Chapter 38: Private Utility Services and Fuel Suppliers
38-1 Private Utility Services
38-1:1 Generally
38-1:2 Examples of Unsuccessful CFA Claims Involving Utility Services
38-1:3 Examples of Viable CFA Claims Involving Utility Services

Table of Cases
Index