Bill Text: NJ A1064 | 2010-2011 | Regular Session | Amended

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Bill Title: Eliminates award of attorneys' fees, filing fees and costs of suit for technical violation of the consumer fraud act.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed - Dead) 2010-05-20 - Received in the Senate, Referred to Senate Commerce Committee [A1064 Detail]

Download: New_Jersey-2010-A1064-Amended.html

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[First Reprint]

ASSEMBLY, No. 1064

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblyman  GARY R. CHIUSANO

District 24 (Sussex, Hunterdon and Morris)

 

Co-Sponsored by:

Assemblywomen Oliver, Quigley, Assemblyman Chivukula and Assemblywoman McHose

 

 

 

 

SYNOPSIS

     Eliminates award of attorneys' fees, filing fees and costs of suit for technical violation of the consumer fraud act.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Consumer Affairs Committee on May 6, 2010, with amendments.

  

An Act concerning the awarding of attorneys' fees in certain actions and amending P.L.1971, c.247.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  Section 7 of P.L.1971, c.247 (C.56:8-19) is amended to read as follows:

     7.  a.  Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any method, act, or practice declared unlawful under this act or the act hereby amended and supplemented may bring an action or assert a counterclaim therefor in any court  of competent jurisdiction.  In any action under this section the court shall, in addition to any other appropriate legal or equitable relief, award threefold the damages sustained by any person in interest.  In all actions under this section, including those brought by the Attorney General, the court shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit.

     b.  ¹(1)¹ Notwithstanding the provisions of subsection a. of this section, attorneys' fees, filing fees ¹,¹ and reasonable costs of suit shall not be awarded for a technical violation of P.L.1960, c.39 (C.56:8-1 et seq.).

     ¹(2) For the purposes of this section, "technical violation" means any violation where the person held in violation made a good faith effort to comply with P.L.1960, c.39 (C.56:8-1 et seq.) and the resulting violation did not:

     (a) impact the quality of the product or service provided; or

     (b) result in an ascertainable loss to the consumer.

"Technical violation" shall not be construed to include a second or subsequent violation of the same, or any similar, provision of P.L.1960, c.39 (C.56:8-1 et seq.) provided the person has been notified of the original violation and has had reasonable time and opportunity to rectify any subsequent violations of the same or similar nature.

     (3) Nothing contained in this section shall be construed to in any way prevent attorneys' fees, filing fess, and reasonable costs of suit from being awarded in any action under this section brought by the Attorney General, including for any violation determined to be a technical violation.¹

(cf:  P.L.1997, c.359, s.1)

 

     2.    This act shall take effect immediately.