New Jersey Consumer Law
June 7, 2010
In New Jersey the mini-FTC act is The Consumer Fraud Act N.J.S.A. §§56:8-1. Under this legislation, plaintiffs have a cause of action when a person, business entity, agentor employee commits deceptive acts as outlined in §56:8-2. To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct (though the Attorney General does not). There is a statute of limitations for actions under the statute of 6 years.
A successful plaintiff is entitled to injunctions and damages (two times the value if a senior citizen) as potential remedies for a violation. Damages under the statute are not capped and attorneys’ fees are recoverable if the suit is successful. Class actions are permitted under the statute.