Advertising Disclosure Email Disclosure

Regulatory violations under the Consumer Fraud Act resulted in award of attorney fees.

January 1, 2012
Elias Kort, et. al. v. Creative Solutions and Services, LLC, et. al., 2011 N.J. Super. Unpub. LEXIS 2746 (Nov. 1, 2011)

The Appellate Division reversed a trial court’s decision to not impose personal liability on the owner of a residential construction company under the Consumer Fraud Act. In imposing personal liability, the court found that the owner participated directly in the regulatory violations by executing a home improvement contract that omitted required provisions and inferred to the plaintiffs that he would be personally responsible for the contents of the contract. While the Appellate Division affirmed that there was no ascertainable loss as a result of the regulatory violations and that the amount in damages was limited to the terms of the contract, the plaintiffs' were nevertheless awarded attorney fees as the court held that the “failure to prove an ascertainable loss caused by the Consumer Fraud Violation is not a bar to their recovery of attorneys’ fees and costs under the Act.”

Case Law Alert, 1st Qtr 2012

Affiliated Attorney

Sunny Marie Sparano
Shareholder
(973) 618-4105
smsparano@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."