The New Jersey Supreme Court recently decided the case of Real v. Radir Wheels Inc. with the seemingly unremarkable holding that New Jersey’s Consumer Fraud Act applies not only to persons who regularly sell merchandise as a business but also to nonprofessional one-time sellers.
This holding, although following naturally from the CFA’s clear language, was a necessary and welcome clarification of an earlier opinion by the Court that cast doubt over the law’s application to the sale of merchandise or real estate that is not part of an ongoing business.
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