Residents of a 240-unit apartment building in Edgewater that was destroyed by fire have failed to establish a basis for a New Jersey Consumer Fraud Act claim against their landlord, a federal judge in Newark has ruled.
The plaintiffs claimed AvalonBay Communities violated the Consumer Fraud Act (CFA) by making misrepresentations and omissions of fact to renters at its complex. But marketing statements labeled misrepresentations by the plaintiffs are non-actionable puffery, and the omissions they cited don’t support a CFA count because landlords are not required to disclose those items, U.S. District Judge Jose Linares ruled Nov. 3 in DeMarco v. AvalonBay Communities.
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