New Jersey’s Consumer Fraud Act (the “CFA”)is among the most powerful consumer protection statutes in the country. The CFA provides for treble damages and attorney’s fees in cases where the Defendant is found liable for an unlawful practice. One method of establishing liability for an unlawful practice is by showing a violation of a regulation promulgated under the CFA. Car repair and body shops are subject to CFA regulation. Consumers who believe they have been harmed or “ripped off” by a mechanic or body shop should be aware of these important regulations.
N.J.A.C. §13:45A-26C.2 (the “Auto Repairs Deceptive Practices Regulations”) sets forth an extensive list of what practices are deemed deceptive and therefore unlawful under the CFA. Many of the Auto Repairs Deceptive Practices Regulations control conduct related to what a consumer is entitled to know and authorize before a mechanic or body shop undertakes a repair. Failing to inform the customer as required by the regulations can expose a mechanic or body shop to significant liability.
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