Legislation supported by the NJAA and sponsored by Asm Reed Gusciora (D-Mercer) which amends the NJ Consumer Fraud Act (CFA) was amended and released unanimously on Thursday, May 6, by the Assembly Consumer Affairs Committee. As amended, A-1064, eliminates the awarding of attorneys' fees, filing fees, and costs of suit in cases of technical violations under the CFA. The amended bill defines a "technical violation" as one in which the person held in violation made a good faith effort to comply with the provisions of the CFA and the resulting violation did not impact the quality of the product or service provided or result in an ascertainable loss to the consumer. Under the amended bill, technical violations do not include a second or subsequent violations of the same or similar nature, provided the person has been notified of the original violation and has had reasonable time and opportunity to rectify others.
For a copy of the bill as amended and released,
click here.