Enacted in 1960, and amended in 1971, the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, is an expansive, remedial statute intended to protect consumers from fraud from those engaged in the sale of goods and services. In general, the CFA protects consumers, including those purchasing construction goods and services, who have fallen victim to three separate kinds of unlawful practices: affirmative misrepresentations, knowing omissions and regulatory violations.
Under the 1971 amendments, the CFA became one of the strongest consumer protection laws in the United States, expanded to provide consumers with a private cause of action, and an award of treble damages, attorney’s fees and costs as a result of violations of the CFA. N.J.S.A. 56:8-2.11 to -2.12; and 19. To recover under the CFA, a consumer plaintiff must prove: (1) an “unlawful practice” (as defined by the CFA); (2) resulting in an ascertainable loss of money or property; and (3) a causal connection between the unlawful conduct and the loss. N.J.S.A. 56:8-19; Lee v. Carter-Reed Co., Inc ., 203 N.J. 496, 521 (2010).
