Mar 25

When can you sue a NJ contractor under the Consumer Fraud Act?

In New Jersey, you can sue a home improvement contractor under the Consumer Fraud Act when:

1. The contractor uses any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation in connection with the advertisement, sale or performance of his services;

2. The contractor knowingly conceals, suppresses or omits any material fact; or

3. The contractor violates certain statutes or regulations designed ot implement the Consumer Fraud Act. Such laws include the Home Improvement Practices regulations and the Home Improvement Contractor Registration Act. Among other things, these laws prohibit the contractor from:

  • Failing to register with the Division of Consumer Affairs;
  • Failing to provide the consumer with a written contract;
  • Failing to provide the consumer with written change orders;
  • Failing to provide the start and end dates in the contract;
  • Delaying work without reason;
  • Requesting that the consumer sign a certificate of completion or make final payment before the work is complete;
  • Failing to obtain the proper permits;
  • Failing to provide guarantees and warranties in writing;
  • Falsifying the contract price; and
  • Pressuring the consumer to begin work when no agreement has been reached.

This list is not meant to be exhaustive. There are many other actions and inactions which constitute consumer fraud by a NJ contractor.

A successful New Jersey Consumer Fraud Act claimant may be awarded treble (triple) damages, attorney’s fees and court costs. If you have been a victim of New Jersey Consumer Fraud by a contractor, call Gary M. Didieo, Esq. at Didieo Law Firm, LLC today to arrange a consultation to discuss the possibility of filing a New Jersey Consumer Fraud Act claim against your contractor. Gary M. Didieo represents consumers in NJ Consumer Fraud Act lawsuits in Bergen, Passaic, Morris, Hudson and Essex counties, and throughout the entire State of New Jersey.

Post in: Commercial Law, Consumer Law, Uncategorized
Mar 5

Bergen County Contractor Sentenced for Thefts could be sued under New Jersey Consumer Fraud Act

A New York home improvement contractor, Joseph Fienga, was sentenced Friday in Hackensack to three years in prison after being convicted of stealing tens of thousands of dollars from three Bergen County homeowners. Joseph Fienga did little or no work on the contracts in Ramsey, New Milford and Fair Lawn, New Jersey despite receiving large sums of money from the homeowners, prosecutors alleged. Judge Guida also ordered Fienga to make restitution of more than $30,000.

The sue the constractor under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2 et seq.,  and the Home Improvement Practices regulations, N.J.A.C. 13:45A-16.1 et seq. The New Jersey Consumer Fraud Act prohibits “the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with” home improvement services. The Home Improvement Practices Regulations further define specific unlawful home improvement contractor practices.

A successful New Jersey Consumer Fraud Act claimant may be awarded treble (triple) damages, attorney’s fees and court costs. If you have been a victim of New Jersey Consumer Fraud by a contractor, call Gary M. Didieo, Esq. at Didieo Law Firm, LLC today to arrange a consultation to discuss the possibility of filing a New Jersey Consumer Fraud Act claim against your contractor. Gary M. Didieo represents consumers in NJ Consumer Fraud Act lawsuits in Bergen, Passaic, Morris, Hudson and Essex counties, and throughout the entire State of New Jersey.

Post in: Consumer Law, Criminal Law