In a case of first impression, an Essex County, N.J., judge has awarded counsel fees during a pending Consumer Fraud Act suit, brought by a couple who claim they were scammed by two foreclosure-rescue companies.

Superior Court Judge Kenneth Levy made the award after granting preliminary injunctive relief for the plaintiffs, saying “the question is … can the court award counsel fees at this stage in the proceeding, and there is really no case law that’s been presented to me that says I cannot do that.”

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