New Jersey Consumer Fraud Act
Furst v. Einstein Moonjy, Inc.
A consumer decides to purchase an “on sale” 3′ x 6′ carpet for $3,000.00. The original sticker price before the “mark down” was $6,000.00. The sticker incorrectly sets forth or misrepresents that the carpet is 3′ x 6′. Two weeks later the carpet is delivered. It is damaged and only 2′ x 4′. The consumer complains. In response to the same, the store offers to give the consumer a refund or a similar carpet at a larger price
Is this a violation of the New Jersey Consumer Fraud Act? If so, does the trial court treble the sale price or the original price?
The New Jersey Supreme Court in Furst v. Einstein Moonjy, Inc. found that the above-described situation is a violation of the Consumer Fraud Act and held that the consumer is entitled to three times the “replacement cost,” plus attorneys’ fees and costs. The New Jersey Supreme Court also held that there is a presumption that the original non-sale price is the “replacement cost.” The New Jersey Supreme Court set forth this policy in order to prevent businesses from fraudulently marking up and down merchandise to give the appearance of a sale.
The Furst decision is extremely important for both businesses and consumers. Businesses must think twice about making up or inflating the original price of goods. In addition, businesses must be extremely careful when making representations. A representation can easily become an actionable misrepresentation under the Consumer Fraud Act even if the seller does not intend to make a misrepresentation.
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2 Replies to “New Jersey Consumer Fraud Act”
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I purchased a puppy from a Pet store, and she has hereditary problems. She needed surgery, the amount was above the said they would pay 2x the amount of purchase. I can not find the so-called breeder, and she has ongoing problems. They said she had thrown up a few times so they had their vet take her for 1 week, he said she never got sick, I find this hard to believe, she has been sick from day one, every day and almost every meal with the acception of 2 meals. Since her surgery, she still has difficulty with digestive problems, that have not yet been corrected. Do I have a case?
Monica,
I would be happy to speak with you about your question concerning your new puppy’s hereditary problems. You may be entitled to some relief under the New Jersey Administrative Code and the New Jersey Consumer Fraud Act. Please call me at 609-895-7358 if you would like to discuss this issue.
Best,
Ben Widener