Consumer Must Plead Violations of Consumer Fraud Act with Particularity
- January 16, 2013
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Consumer fraud claims require particularized pleadings by consumer in order to survive dismissal in court. A consumer who believes they have been defrauded must present true allegations meeting the statutory criteria. A statement by the defendant must have been false. The defendant had to know the statement was false. The false information must have been intended to or had the effect of inducing the consumer. The false information had to be material, meaning significant enough to affect the consumer’s decision to buy. In the event the consumer fails to include in the pleadings violation of the specific provisions of the Consumer Fraud Act (CFA) the consumer’s case will fail. If you are facing foreclosure, considering bankruptcy or an appeal in a bankruptcy matter, you should seek experienced legal counsel immediately in order to protect your rights. For more information on consumer fraud, foreclosure, bankruptcy or other consumer debt related matters in New Jersey visit TheNJBankruptcyAttorney.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.