In New Jersey, design professionals—such as architects and engineers—are entitled to unique legal defenses when sued. One powerful and important defense is the Affidavit of Merit Statute, N.J.S.A. § 2A:53A-27, which requires plaintiffs to make a threshold showing that a claim against a professional is meritorious. Another such defense is the exception for professionals to liability under the Consumer Fraud Act, N.J.S.A. § 56:8-1, known as the "learned professional" exception. However, a potential argument exists that impacts both legal doctrines, whereby plaintiffs may attempt to assert culpability against a professional. Thus, in any construction litigation, it is imperative to be aware of this posited argument and the misinterpretation of the law upon which this loophole is based on.