Montgomery v. Millenium Auto Group - NJ Consumer Fraud Act Applicable In Failure To Disclose Used Car As Loaner
"In an apparent ruling of first impression in New Jersey, a car dealer has been held in violation of the Consumer Fraud Act for selling a used car without disclosing its prior use as a loaner.
"Morris County Superior Court Judge Rosemary Ramsay denied defense motions for remittitur and a new trial on Dec. 14 in the case, in which a jury awarded the plaintiff treble damages of $30,000.
"Ramsay also awarded $45,202 in fees and expenses, in Montgomery v. Millenium Auto Group, MRS-L-2839-10.
"Research by both sides found that no other court has ruled on whether the statute applies to the failure to disclose that a used car was a loaner, plaintiff lawyer Herbert Korn says."
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