Not Each Breach of Contract Declare Is a Violation of the Client Fraud Act

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Since its introduction a number of many years in the past, residence enchancment contractors in New Jersey have been rightly involved in regards to the Client Fraud Act (CFA), N.J.S.A. 56:8-1. Referred to as some of the aggressive shopper safety statutes within the nation, the CFA has sharpened its concentrate on residence enchancment contractors through the years. The CFA was enacted to guard customers from improper promoting and unconscionable business practices by “stop[ing] deception, fraud or falsity, whether or not by acts of fee or omission, in reference to the sale and commercial of merchandise and actual property.” Fenwick v. Kay American Jeep, 72 N.J. 376, 377 (1977). Violators of the CFA face treble damages and lawyer fee-shifting:

The act, use or employment by any individual of unconscionable business follow, deception, fraud, false pretense, false promise, misrepresentation or the realizing concealment, suppression or omission of any materials truth with the intent that others rely on such concealment, suppression or omission in reference to the sale or commercial of any merchandise … whether or not or not any individual has in truth been misled, deceived or broken thereby.

N.J.S.A. 56:8-2


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