Bill Text: NJ S1790 | 2010-2011 | Regular Session | Introduced

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-15 - Introduced in the Senate, Referred to Senate Commerce Committee [S1790 Detail]

Download: New_Jersey-2010-S1790-Introduced.html

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SENATE, No. 1790

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 15, 2010

 

 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

 

 

 

 

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 introduced.

  

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.    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.).

(cf:  P.L.1997, c.359, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Under the consumer fraud act, any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of another person's violation of the act shall be awarded reasonable attorneys' fees, filing fees and reasonable costs of suit. Further, the State's courts have held that if a person can establish a violation of the act's accompanying regulations, that person would be entitled to reasonable attorneys' fees, filing fees and reasonable costs of suit, even if there were no damages resulting from the violation.

     This bill provides that attorneys' fees, filing fees and the costs of the suit shall not be awarded for a technical violation of the consumer fraud act.