Credit: Vittaya_25/Adobe Stock Not Every Breach of Contract Claim Is a Violation of the Consumer Fraud Act
While the motivation behind the CFA was, in part, protecting consumers, over time the path has deviated to such an extent that even garden-variety breach of contract claims against home improvement contractors almost always include CFA claims, causing unnecessarily complicated litigation.
July 21, 2022 at 10:00 AM
9 minute read
Since its introduction several decades ago, home improvement contractors in New Jersey have been rightly concerned about the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1. Known as one of the most aggressive consumer protection statutes in the nation, the CFA has sharpened its focus on home improvement contractors over the years. The CFA was enacted to protect consumers from improper selling and unconscionable commercial practices by "prevent[ing] deception, fraud or falsity, whether by acts of commission or omission, in connection with the sale and advertisement of merchandise and real estate." Fenwick v. Kay American Jeep, 72 N.J. 376, 377 (1977). Violators of the CFA face treble damages and attorney fee-shifting:
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