A consumer suing under New Jersey’s Consumer Fraud Act need not first demand a refund of alleged overcharges, a state appeals court held Thursday, parting company with an earlier precedent.

The ruling, in Bosland v. Warnock Dodge, A-1369-06, runs counter to Feinberg v. Red Bank Volvo Inc., 331 N.J. Super. 506 (2000), where an appeals court held that a consumer had to demand a refund to establish an “ascertainable loss” under the statute.

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