Category: Bait and Switch

Consumer Fraud Claims

We understand the frustration and impact that consumer fraud can have on individuals and families.

Insurance Policy Review

Our dedicated team of lawyers is here to provide you with the legal guidance and support needed to seek justice.

Why Choose Us?

  1. Experience: With over 25 years of experience in consumer fraud cases, our legal team has a deep understanding of the laws and regulations governing consumer protection. We have successfully represented numerous clients in similar cases, achieving favorable outcomes and substantial compensation for our clients.
  2. Expertise: Our lawyers specialize in handling various consumer fraud claims, including false advertising, deceptive practices, financial scams, product misrepresentation, and identity theft. We stay up-to-date with the latest developments in consumer protection laws to ensure the best representation for our clients.
  3. Personalized Approach: We believe in providing personalized attention to each client. Our lawyers will listen to your concerns, assess the unique aspects of your case, and develop a tailored legal strategy to achieve the best possible outcome. We understand that every situation is different, and we will work closely with you to protect your rights and seek the compensation you deserve.
  4. Strong Advocacy: Our law firm is dedicated to advocating for consumer rights. We are passionate about holding fraudulent companies accountable for their actions and ensuring that consumers receive fair treatment. We will fight on your behalf, both in and out of the courtroom, to seek justice and obtain compensation available though we cannot guarantee a particular result.

How We Can Help You:

  1. Case Evaluation: Our team will carefully evaluate your case to determine its merits and potential for success. We will gather evidence, review documents, and consult with experts if necessary to build a strong foundation for your claim.
  2. Legal Representation: Should you choose to proceed with your consumer fraud claim, our experienced lawyers will guide you through the entire legal process. We will prepare and file all necessary paperwork, negotiate with the opposing party, and represent you in court if litigation becomes necessary.
  3. Compensation Recovery: Our primary goal is to help you recover the financial losses and damages caused by consumer fraud. We will seek compensation for any monetary losses, emotional distress, and other damages you have suffered as a result of the fraudulent practices.

Take the First Step:

If you have been a victim of consumer fraud or suspect any deceptive practices, we urge you to take action today. Contact us to schedule a free consultation. Our team is ready to listen, understand your situation, and provide expert legal guidance.

I have been a victim of fraud and would like to take action.
I have been a victim of fraud and would like to take action

Remember, time can be important when it comes to consumer fraud claims. Don’t delay in seeking legal advice and representation to protect your rights and hold the responsible parties accountable.

We look forward to assisting you in your fight against consumer fraud.

If you have been a victim of consumer fraud or suspect any deceptive practices, we urge you to take action today. Contact us at (973-598-1980[Office Phone} or (973) 479-5515) (Attorney Cell [or email HowardGutman@aol.com] to schedule a free consultation. Our team is ready to listen, understand your situation, and provide l guidance.

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False Advertising Practices

Couple receiving bad news over phone

A New York publication outlines advertising and sales practices that can constitute consumer fraud or a deceptive practice,

 Watch out for FOOTNOTES AND ASTERISKS (“*”). The “fine print” in an
advertisement sometimes changes an offer made in the large print. That’s deceptive.
 PHOTOS AND ILLUSTRATIONS should match the products being advertised.
 Any PRICE QUOTED in an ad must match the actual purchase price.
 Beware of ads using phrases like “as low as,” “starting at,” or “… and up” next
to the listed price. Any phrase that refers to a RANGE OF PRICES, without
being specific about which item costs how much, makes the ad deceptive.
 COMPETITIVE DISCOUNT claims like “lowest prices,” “guaranteed lowest
price,” or “prices lower than everyone else” are nearly impossible to prove.
 When a vendor offers to bring his price down to undersell a competitive price
(“We will not be undersold”), the vendor should produce evidence that the offered price is lower. There should be a clear and conspicuously posted disclosure of the business’s PRICE-MATCHING policy.
 All of an ad’s PRINT SIZE should be readable—no smaller than 10-point type.
(This is a sample of 10-point type.)
 If an ad uses CONTRASTING COLORS, they must not make the ad harder to
read. For example, words in one color should not be printed against a background of the same color but a different shade.
 If an ad mentions a STORE WARRANTY OR GUARANTEE other than the
manufacturer’s, it should clearly say that the consumer would see the warranty
before the purchase is made.
 In cases of competitive discount and price-matching claims, stores sometimes
limit their discount to prices set by “AUTHORIZED DEALERS” of a product. Be prepared to compare that price to other stores’ standard price.
 Check to see if the specific amount of SHIPPING AND HANDLING
CHARGES are disclosed.
 When a discount is offered in A RANGE OF PERCENTAGE TERMS (“Save
from 10% to 40%”), the ad should be clear about the standard price that the
vendor is discounting.
 When an ad claims that an item is available at A PRICE LOWER THAN THE
MANUFACTURER’S SUGGESTED RETAIL PRICE, ask the retailer to
prove that other vendors in the area offer the same suggested price. If not,
this may be no bargain.
 An ad may say “sale,” “discount,” “price cut,” “clearance,” and so on, without
actually offering a substantial savings from the earlier price. If you can’t tell
the real savings from the ad, find out from the business’s management.
 Ads that refer to RETAILER’S COST – “at cost,” “below cost,” “inventory
price,” “wholesale,” “factory billing,” and so on – sometimes cover up the
fact that the prices still include real profits to the retailer.”   New York Deceptive Practices

If you have been a victim of deception, call for a free consultation.



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New Jersey Automobile Dealer Fraud

Frustrated Woman Looking At Broken Down Car Engine

A press release by the Division of Consumer Affairs discusses consumer fraud.   If you

have been a victim of consumer fraud by a dealer, you may be entitled to compensation.


NEWARK – Attorney General Christopher S. Porrino and the Division of Consumer Affairs today announced that a Middlesex County car dealership has agreed to pay $136,000 and change the way it does business in order to resolve the Division’s consumer fraud investigation of the dealership’s advertising, sales, and leasing practices.

Sansone Hyundai, Inc., located on US-1 in Avenel, entered into the settlement to end the Division’s investigation of its alleged activities, including failing to disclose the total price for certain advertised vehicles, and charging consumers for aftermarket merchandise that was listed at “no charge” on certain leases and sales contracts.

“Consumers should be able to purchase a new car without having to worry about misinformation and hidden costs,” said Attorney General Porrino.  “This settlement ensures that consumers will receive transparency and honesty from this dealership, as required by law.”

​“Dealerships must fully disclose all costs and fees associated with the purchase or lease of a vehicle before consumers sign on the dotted line,” said Steve Lee, Director of the Division of Consumer Affairs.  “We will continue to enforce the laws and regulations in place to ensure consumers have the facts they need to make informed decisions.”

In a Consent Order with the Division, Sansone Hyundai, among other things, agreed to:

  • comply with all applicable state and/or federal laws, rules, and regulations, including the Consumer Fraud Act, the Motor Vehicle Advertising Regulations, the Automotive Sales Regulations, and the Consumer Leasing Act;
  • not misrepresent the terms and conditions of any financing or lease plan;
  • not add and charge for aftermarket merchandise, such as window etch or service contracts, without consumers’ knowledge and/or authorization;
  • not represent to consumers that certain dealer-installed options and/or aftermarket merchandise are mandatory when, in fact, they are not;
  • not sell consumers aftermarket merchandise that overlaps or provides similar benefits in part to merchandise the consumer has already purchased through the lease or sale transaction;
  • accurately reflect in leases the “gross capitalized cost” as required by the consumer leasing act;
  • provide consumers with an opportunity to review all leases and/or sales documents and/or aftermarket contracts prior to signing; and
  • not identify the advertised prices of a motor vehicle by reference to the MSRP sticker, when the motor vehicle includes an addendum to the MSRP sticker that reflects a higher total price.

Sansone Hyundai also agreed to make a $136,250 settlement payment to the State.

Investigator Patrick Mullan, of the Division of Consumer Affairs’ Office of Consumer Protection, conducted this investigation.

​ Deputy Attorney General Cathleen O’Donnell from the Consumer Fraud Prosecution Section within the Division of Law represented the State in this matter.

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What is Bait and Switch

What is Bait and Switch 

Bait-and-switch is a form of fraud used in sales.   Customers are “baited” by merchants’ advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods are not available, or the customers are pressured by sales people to consider similar, but higher priced items.

Are there any regulations dealing with bait and switch 

New Jersey has a group of regulations dealing with bait and switch.
www.njconsumeraffairs.gov/Statutes/Consumer-Fraud-Act.pdf 
Other laws are similar,

(a) Prohibited. — A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:

(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or

(2) With the intent not to sell the merchandise, commodity, or service.
Typical Cases 

Laster v. T-Mobile USA, Inc.

407 F. Supp. 2d 1181 (S.D. Cal. 2005)     Holding that “bait-and-switch” advertising tactic suffices to establish injury  consumers were lured in with advertisements for free or deeply discounted services

 

Have you been deceived by a bait and switch practice.

Man in home office on telephone using computer smiling

 

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Bait and Switch: Verizon and Cell Phone Carriers

Consumers have alleged that some cell-phone plans are misleading, and that promised saving do not occur, a type of bait and switch.   Our office is handling bait and switch claims under the New Jersey Consumer Fraud Act and other law.   How are bait and switch claims evaluated.

Availability of advertisement   In the best circumstance, a misleading advertisement can be located and shown to be misleading.

Deception  What is the fraud or deception.   Courts distinguish between puffing, general statements about benefits from fraud, a false misrepresentation of fact.

 

Free Consultation on Cell-phone Bait and Switch Claims

Man in home office on telephone using computer smiling

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Bait and Switch: New Jersey Regulations, 13:45A-26A.4

DID YOU GO TO A DEALER AND FIND THAT THE ADVERTISED CAR WAS SOLD OR UNAVAILABLE.  IF SO, YOU MAY BE ENTITLED TO COMPENSATION.

The following motor vehicle advertising practices constitute “bait and switch” and are prohibited and unlawful:

You told me the car was at the dealership.

1. The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price. 2. Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:

i. Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs.

ii. Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser. Failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle; except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser. N.J.A.C. 13:45A-26A.4

We wanted the first car which should have cost 4,000 less as advertised.

Links 

Bait and Switch: New Jersey Regulations, 13:45A-26A.4
(text of New Jersey regulations dealing with automobile bait and switch).

Bait and Switch: Verizon and Cell Phone Carriers
(misleading cellphone solicitations).

 

DECEIVED, CALL (973) 598-1980 FOR A FREE CONSULTATION ON YOUR CLAIM

 

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