State Filed Claims Against New Jersey Used Car Dealership

Frustrating Phone Conversation
I looked at the papers and it’s not what you told me.

Attorney General Christopher Porrino and the New Jersey Division of Consumer Affairs announced that the state is seeking restitution and civil penalties from a Newark used car dealer alleged to have violated the state Consumer Fraud Act and a number of state regulations concerning the sale of motor vehicles.

According to a Complaint filed in Superior Court, Essex County, the dealership located in  Newark, New Jersey,  allegedly engaged in a host of “unconscionable and deceptive business practices,” including “bait and switch” schemes where the business advertised vehicles at low prices and then refused to sell the cars at the advertised prices.

The complaint details claims  alleging violations of the Consumer Fraud Act, the Regulations Governing Motor Vehicle Advertising Practices, the Regulations Governing Automotive Sales Practices, the Used Car Lemon Law and/or the Used Car Lemon Law Regulations.  The complaint alleges the dealership:

misrepresented the price of used motor vehicles, failed to include required statements about consumer costs, failed to include the actual odometer reading of motor vehicles in advertisements and failed to disclose prior damage to a vehicle that required substantial repair and body work.

People who purchased a defective used car may be entitled to compensation or other recourse.  Call us at the Law Office of Howard Gutman, (973) 598-1980, for a free consultation on your New Jersey used car claim.

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Suing for Towing Abuses

Yes, you may have remedies when you have been unlawfully towed.  Here are just a couple unlawful practices outlined in the New Jersey Predatory Towing Act.

1. Trolling by Dishonest Towing Company

A towing company sees a car illegally parked and tows it.  That is unlawful unless the towing company has a contract with the business establishment. “No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at
which such parking is not permitted from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless:

(1) the person shall have entered into a contract for private property towing with the owner.

2. Required Sign

The law requires,

(1) there is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:

(a) the purpose or purposes for which parking is authorized and the times during which such parking is permitted;

(b) that unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner’s expense;

(c) the name, address, and telephone number of the towing company that will perform the towing;

If your vehicle has been unlawfully towed you may have grounds to contest the fees.  Call us at (973) 598-1980 for a free consultation on your claim.

NORWEGIAN CRUISE AND STORM

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Passengers on the recent Norwegian Cruise which traversed a storm suffered a scary experience.  Our office is investigating claims and a class action.

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Call (973) 598-1980 for a Free Consultation

 

CABLE DECEPTIVE ADVERTISING AND SERVICE

There have been a number of complaint about deceptive advertising and misstatement service or price by cable companies.   As a home telephone or mobile customer, you may have experienced any of the following issues:

“Slamming and cramming” – “Slamming” happens when a phone company illegally switches your phone service without your permission. “Cramming” occurs when companies add charges to your phone bill without your permission.
“Bill shock” – A sudden and unexpected increase in monthly wireless bills that is not caused by a change in service plans.
False or misleading advertisements – You may have purchased an “unlimited” mobile plan from your phone company, but didn’t get what you paid for.  http://www.usa.gov/phone-tv-complaints.

Various laws are designed to protect the consumer including the New Jersey Consumer Fraud Act and New York Deceptive Practices Act.

Frustrating Phone Conversation
That’s not what I was told when I signed up.

Call (973) 598-1980 for a Free Consultation on Your Rights.

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Fraud Claims against Automobile Dealers

 

Several types of claims may be filed against automobile dealers in New Jersey.

1. New Jersey Consumer Fraud Act

The law prohibits any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation.  N.J.S.A. 56:8-2.  Typical examples are,

  • false advertising,
  • bait and switch
  • failure to provide deal paperwork

2. Breach of warranty and lemon law

Other claims may involve defective vehicles.   The vehicle may have a salvage history or significant problems, and be repaired without disclosure. Claims may involve breach of express warranty, or the used car lemon law.

PROBLEM WITH A DEALER, CALL FOR A FREE CONSULTATION.

A vehicle may have been damaged in an accident or a salvage vehicle repaired and then resold without disclosure.

Broken car

Here is a partial list of New Jersey new used car car dealers.  We may have filed claims against dealers on this list or been aware of other claims filed.*

Nissan

Autoeastern Nissan, Englewood Cliffs, New Jersey
Hudson Nissan, Jersey City, NJ
Lynns Nissan, Stanhope, Bloomfiled, NJ
Pine Belt Nissan, Keyport, NJ
Route 23 Nissan, Butler, NJ
Sansone Galleria, Woodbridge, NJ

Chevrolet

Global Auto Mall, Plainfield, NJ
Paramus Chevrolet, Paramus, NJ

General Used Car Dealer

Autobahn, South Hackensack, NJ
Europlus Motorsport, Somerset, NJ
Foreign Auto Imports, Irvington, NJ

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FREE CONSULTATION ON YOUR CONSUMER FRAUD CLAIM.   Call (973) 598-1980

*Listing is not intended to express a statement about any individual transaction or the dealership overall, but consumers with complaints should evaluate seeing an attorney about their rights.

 

 

Failure to Disclose Prior Lemon

machinery of engineering parts

What happens if a car is declared a lemon.  Many consumers do not realize the vehicle can be resold.  Claims may be fraud

  1. Failure to comply with the Disclosure Statute 

    417-a. Mandatory disclosures by sellers prior to resale. (New York State Consolidated Laws : Vehicle & Traffic)

Some dealers violate the disclosure law which says the following

“Certificate of prior nonconformity by manufacturer or dealer. Upon the sale or transfer of title by a manufacturer, its agent or any dealer of any second-hand motor vehicle, previously returned to a manufacturer or dealer for nonconformity to its warranty or after final determination,  the manufacturer or dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BYNEW YORK LAW.” Such notice that a vehicle was returned to the manufacturer or dealer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle`s certificate of title.
Private Remedy. A consumer injured by a violation of this section may bring an action to recover damages. Judgment may be entered for three times the actual damages suffered by a consumer or one hundred dollars, whichever is greater. A court also may award reasonable attorneys` fees to a prevailing plaintiff buyer.”

businessman signing a contract

A popular fraud in New York is to prepare the required disclosure, but not give the consumer a copy or even forge his name.
See our presentation under the lemon law.

2. Breach of warranty

The disclosure suggests the problem has been corrected but sometimes vehicle problems persist.  Then a claim may be filed.

3. New York Deceptive Practices Statute

Finally a claim can be filed for violation of the New York Deceptive Practices Statute.

Free Consultation on Your New York or New Jersey Undisclosed Lemon and Fraud Claim,  Call (973) 598-1980 

NEW JERSEY USED CAR FRAUD CLAIMS

Frustrating Phone Conversation
No, the manager didn’t call me back, and this is my 5th call.

Used car purchasers can be defrauded in many ways.  There are several types of claims to understand.
 
1. Auto Fraud

The New Jersey Consumer Fraud Act prohibits deception, fraud, and false statements.  Documentation is helpful for dealers readily deny misrepresentation.

2. Breach of Warranty 

Express warranties are based on the failure to repair the car within the time period promised.  Claims may be filed against the warranty company and dealer, who sometimes blame each other.   The amount may help determine whether a lawyer is needed or the case is one for small claims court.  It is helpful to get an estimate and breakdown of the problem and have the warranty papers available.

car-1751750_960_720

3. False Advertising and Bait and Switch  

New Jersey has regulations which govern automobile advertising.  See http://www.lemonlawclaims.com/new-jersey-consumer-fraud-act-regulations-
Claims are easier when a specific regulation has been violated.

businessman signing a contract

New Jersey Automobile Regulations

N.J.A.C. 13:45A-26A.6 details the disclosure requirements for advertising new and used motor vehicles for lease. In all written advertisements the information required by the rule must be in at least 10 point type and easy to read and understand. There are size and readability specifications if the advertiser elects to use a full disclosure format in a written advertisement. The section also details requirements for an advertisement that is not in writing, sets forth requirements for a required toll free number, and describes the information that must be provided through the toll free number. It is an unlawful practice to omit the information required by the rule.

N.J.A.C. 13:45A-26A.7 describes advertising practices that are unlawful. N.J.A.C. 13:45A-26A.8 concerns credit and installment sale advertising of motor vehicles, detailing the information required to be included and describing the practices that are unlawful. N.J.A.C. 13:45A-26A.9 outlines the dealer’s on-site disclosure requirements and details what and where information relating to an advertised motor vehicle must be provided. Dealers are barred from advertising a new motor vehicle that does not have the Monroney label, if required by the Automobile Information Disclosure Act, 15 U.S.C. § § 1231 through 1233. It is an unlawful practice to fail to comply with the disclosures required by the rule.

N.J.A.C. 13:45A-26A.10 requires that an advertised vehicle must be available on premises or there must be a record of its sale during the period of publication. If a motor vehicle is sold or leased during the period of publication, the advertiser must so notify consumers who inquire by telephone. It is an unlawful practice to fail to comply with the rule.

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Call 973 598-1980 For a Free Consultation

We handle claims in Essex, Morris, Bergen, Passaic, Counties and throughout New Jersey

 

NEW YORK DECEPTIVE PRACTICE CLAIMS

The New York States Deceptive Practices Statute says,  Deceptive acts and practices unlawful. (a) Deceptive acts or  practices in the conduct of any business, trade or commerce or in the  furnishing of any service in this state are hereby declared unlawful.

 

16617534-abstract-word-cloud-for-false-advertising-with-related-tags-and-terms-stock-photo

 

 

A variety of practices can be punished including false advertising, bait and switch, and other unlawful act.

Call (973) 598-1980 for a Free Consultation on your claim.

DEBT COLLECTION VIOLATIONS

 

Couple receiving bad news over phone

 

Claims can be filed to address improper collection practices.  The Consumer Financial Standards Board recently filed a claim involving debt collection practices for major creditors.

This action is part of the Bureau’s work to address illegal debt collection practices across the consumer financial marketplace, including companies who sell, buy, and collect debt. For instance, in separate enforcement actions, the CFPB has ordered three of the firm’s clients, JPMorgan Chase, Portfolio Recovery Associates, and Encore Capital Group, to overhaul their debt collection practices and to refund millions to harmed consumers. The Bureau will continue working to ensure all players in the collections market treat consumers fairly.

A  consent order can be found at: http://files.consumerfinance.gov

The proposed consent order filed today follows an earlier court order issued in July 2015 that rejected the defendants’ motion to dismiss the case. Among other things, that court ruling held that attorneys have an obligation to meaningfully review the facts of a lawsuit before filing it and that the CFPB has the authority to take action against attorneys engaged in unlawful consumer debt-collection practices.

CALL FOR A FREE CONSULTATION AT 973-598-1980 IF YOU HAVE BEEN A VICTIM OF UNLAWFUL DEBT COLLECTION PRACTICES.

NEW YORK CONSUMER FRAUD

A number of deceptions have been practiced in New York.  Consumers may be entitled to damages and other relief.    Typical claims are

* bait and switch, refusal to sell advertised cars or other items at the advertised price,

* fraud and deception,

Here is a list of common deceptive practices put out by New York State

Couple receiving bad news over phone

 

Internet (7,024 complaints): privacy issues, spyware and consumer frauds
Credit: debt collection, credit card billing, debt settlement
Consumer-Related Services: security systems, restaurant/catering services, tech repairs
Automobile buying, leasing, repair, service contracts, rentals
Landlord/Tenant  residential repairs, deposit releases, tenant harassment
Mortgage mortgage and loan broker fraud, foreclosures
Retail Sales any sale of goods (food, clothing, rent-to-own)
Home Repair/Construction home improvement services not delivered or done poorly
Mail Order purchases made online or from a catalog
Telecommunications  phone cards, cellular services, pay-per-call

 

 

Bureau of Consumer Frauds & Protection | New York State Attorney …

The Bureau of Consumer Frauds and Protection, part of the Economic Justice Division, prosecutes businesses and individuals engaged in fraudulent, misleading, deceptive or illegal trade practices. In addition to litigating, the Bureau mediates thousands of complaints each year from individualconsumers.

Filing a Consumer Complaint | New York State Attorney General

Law enforcement actions are taken by the Attorney General to protect the public good and to ensure a fair market place. However, for individual consumer complaints, the Bureau of Consumer Frauds and Protection offers an informal dispute resolution program for complaints against a merchant or business.

 

Call (973) 598-1980 for a free consultation on your New York deceptive practice or consumer fraud claim.  

 

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