The New Jersey Legislature is working on a new bill that would eliminate counsel fees and costs for violations of the state’s Consumer Fraud Act that are technical in nature. Typically, if your consumer rights are violated, you can file a claim in court and recoup your attorney fees and costs. However, this new bills tries to eliminate counsel fees and costs being paid in Consumer Fraud cases involving technical errors on the contractor’s end and did not result in any ascertainable loss to the victim or consumer.
The original purpose of the act was to ensure that victims of consumer fraud had greater access to legal representation by allowing the person at fault to cover the legal bill. Under this new bill, this same luxury will not exist, which means the contractor will either get away with it or the consumer will need to figure out a way to pay for expensive litigation.
We will update you if this bill is passes and the law changes.