Bill Text: NJ A207 | 2014-2015 | Regular Session | Amended

New Jersey Assembly Bill 207 (Prior Session Legislation)

Bill Title: Eliminates awarding of attorneys' fees, filing fees and costs of suit for certain technical violations of consumer fraud act.*

Sponsorship: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2014-10-23 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A207 Detail]

Download: New_Jersey-2014-A207-Amended.html

[First Reprint]

ASSEMBLY, No. 207

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

Sponsored by:

Assemblyman REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman PARKER SPACE

District 24 (Morris, Sussex and Warren)

Assemblyman JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Co-Sponsored by:

Assemblywoman Oliver, Assemblyman Chivukula, Assemblywoman McHose and Assemblyman Wimberly

SYNOPSIS

Eliminates awarding of attorneys' fees, filing fees, and costs of suit for certain technical violations of consumer fraud act.

CURRENT VERSION OF TEXT

As reported by the Assembly Consumer Affairs Committee on October 23, 2014, 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 ¹or a certified county or municipal office of consumer affairs¹, the court shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit.

b. (1) Notwithstanding the provisions of subsection a. of this section, attorneys' fees, filing fees, 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.).

(2) For the purposes of this ¹[section,] subsection, a¹ "technical violation" means any violation ¹[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] that¹ :

(a) ¹did not¹ impact the quality ¹, quantity, cost, or value¹ of ¹[the ] any¹ product or service provided; ¹[or]¹

(b) ¹did not involve any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or knowing concealment, suppression, or omission of any material fact; and

"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 ¹[section] subsection¹ shall be construed to ¹[in any way]¹ prevent ¹in any way¹ attorneys' fees, filing ¹[fess] fees¹ , and reasonable costs of suit from being awarded in any action under this section brought by the Attorney General ¹or a certified county or municipal office of consumer affairs¹, including for any violation determined to be a technical violation.