Search Rutgers Law Library N.J. Court Opinions

1 William DeSimone v. Springpoint Senior Living, Inc. -- rank: 1000

... Court. The Court considers whether the refund provision contained in N.J.S.A. 56:8- 2.11 provides relief for all violations of the New Jersey Consumer ... received or collected from” them by Springpoint. Plaintiffs relied on N.J.S.A. 56:8-2.11 in seeking that relief. Springpoint moved to dismiss, arguing that N.J.S.A. 56:8-2.11 applies only to misrepresentations regarding food, as outlined in Chapter ... 457 (2023). HELD: The refund provision is limited in scope: N.J.S.A. 56:8-2.11 provides relief only to victims of food-related fraud as ... ” plaintiffs are not entitled to a full refund under N.J.S.A. 56:8-2.11. 1. From its enactment in 1960, the CFA has imposed ... means of any practice declared herein to be unlawful.” N.J.S.A. 56:8-2.11. (pp. 11-14) 2. Chapter 347’s refund provision ...

docket:	a-37-22
court:	NJ Superior Court Appellate Division
decided:	2023-01-10
status:
citation:
Document Size:	51997

2 /usr/local/share/www/libweb/collections/courts/supreme/a_92_93_15.opn.html -- rank: 710

... permit individual consumers to bring private actions to recover refunds, N.J.S.A. 56:8-2.11 to -2.12, and treble damages for violations, N.J ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	210705

3 Debra Dugan v. TGI Fridays, Inc. -- rank: 710

... permit individual consumers to bring private actions to recover refunds, N.J.S.A. 56:8-2.11 to -2.12, and treble damages for violations, N.J ...

docket:	a-92-15
court:	New Jersey Supreme Court
decided:	2017-10-04
status:
citation:
Document Size:	210799

4 CAROL R VEALE-MIDDLETON v. RUTH ARTZBERGER -- rank: 685

... with a notice to refund plaintiff's money pursuant to N.J.S.A. 56:8-2.11. He did not, however, amend the complaint to include a ... motion for partial summary judgment, seeking an order that under N.J.S.A. 56:8-2.11, defendants should refund to Veale-Middleton the $20,000 she ... order a full refund of her contract price pursuant to N.J.S.A. 56:8-2.11. The enactment of the CFA was "aimed basically at unlawful ... defendants' unlawful practices, she is entitled to a refund under N.J.S.A. 56:8-2.11 and -2.12 ("the refund provisions") as "an independent statutory ... s motion was not timely filed. Plaintiff's reliance on N.J.S.A. 56:8-2.11 and Artistic Lawn & Landscape Co. v. Smith , 381 N.J ... of any practice declared to be unlawful [by the CFA]." N.J.S.A. 56:8-2.11. We conclude that the $20,000 contract amount was ...

docket:	a2912-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-24
status:	unpublished
citation:
Document Size:	27155

5 PATRICIA CZMYR v. AVALANCHE HEATING AND AIR CONDITIONING, INC. -- rank: 593

... refund of all moneys acquired by means of" their violations. N.J.S.A. 56:8-2.11. Enacted in 2004, the CRA supplements the CFA by imposing ... contract within three days of signing. Czmyr's reliance on N.J.S.A. 56:8-2.11 and Artistic Lawn & Landscape Co. v. Smith , 381 N.J ... of any practice declared to be unlawful [by the CFA]." N.J.S.A. 56:8-2.11. In Artistic Lawn , the contractor was unlicensed, and the trial judge concluded that the refund provision of N.J.S.A. 56:8-2.11 was applicable for that reason. 2 Here, Avalanche was duly ... was no "ascertainable loss" and no right of recovery under N.J.S.A. 56:8-2.11. As the trial judge correctly determined, Czmyr breached the contract ... J. Super. at 89, determined that a deposit refunded pursuant N.J.S.A. 56:8-2.11 was not an "ascertainable loss" and not subject to ...

docket:	a1674-09
court:	superior court appellate division
decided:	2011-02-16
status:	unpublished
citation:
Document Size:	39553

6 JAMES S. BISHOP, III v. RICHARD CATENA AUTO WHOLESALERS INC -- rank: 583

... seven). He also sought in his complaint a refund under N.J.S.A. 56:8-2.11 and -2.12 (count eight). Defendants filed a joint answer ...

docket:	a4059-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-28
status:	unpublished
citation:
Document Size:	40095

7 Martin Weinberg v. Sprint Corporation -- rank: 579

... permit individual consumers to bring private actions to recover refunds, N.J.S.A. 56:8-2.11 to �2.12, and treble damages for violations, N.J ... recover refunds for losses caused by violations of the Act, N.J.S.A. 56:8-2.11 to �2.12. N.J.S.A. 56:8-2.11 states: �Any person violating the provisions of the within act ...

docket:	a-36-01
court:	njsupreme
decided:	2002-07-22
status:
citation:	173 N.J. 233
Document Size:	72858

8 Glenn Ollendorf v. LACEL MONK -- rank: 565

... the repairs, the judge awarded plaintiff $1,300, pursuant to N.J.S.A. 56:8-2.11. However, the judge did not treble the damages, concluding that ... rescission was not a remedy available to plaintiff, nor does N.J.S.A. 56:8-2.11 create such a remedy for violation of the CFA. That ...

docket:	a5031-05
court:	njappellate
decided:	2007-08-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	59269

9 ROBERT HENRY, JR., et al. v. SOMERTIME POOL & SPA SERVICE, INC. -- rank: 540

... of $7,009.50 and denied plaintiffs' application, pursuant to N.J.S.A. 56:8-2.11, for a refund of the $18,224 swimming pool purchase ... ascertainable loss." Plaintiffs further argue that they were entitled, under N.J.S.A. 56:8-2.11, to a refund of the full pool purchase price. Finally ... need not determine definitively whether Judge Fisher correctly concluded that N.J.S.A. 56:8-2.11 relates solely to the misrepresentation of identity of food because ... N.J. Super. 75 , 88-89 (Law Div. 2005)(applying N.J.S.A. 56:8-2.11 to sprinkler installation contract), and In re F leet , 95 BR 319 , 337 (Bankr. E.D. Pa. 1989) (applying N.J.S.A. 56:8-2.11 to contract for consumer financial help services). In any event ... of moneys acquired "by means of any [unlawful consumer fraud]." N.J.S.A. 56:8-2.11. The fraud in this case related to building a ...

docket:	A1179-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-27
status:	unpublished
citation:
Document Size:	16858

10 CANDACE M. SABO, RICHARD WM. SABO, JAY M. SABO, et al. v. CAREN M. SABO -- rank: 471

... the amount of refund Candace was entitled to, pursuant to N.J.S.A. 56:8-2.11. The jury found that Candace was entitled to a refund ... s determination that Candace was entitled to a "refund," under N.J.S.A. 56:8-2.11, we need not determine whether that issue was correctly submitted ...

docket:	a3378-06
court:	njappellate
decided:	2008-02-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35908

11 ANDREW KAPLAN v. WHOLESALE AUTOMOTIVE SUPPLY CO. -- rank: 468

... had paid. Ibid. In so holding, the court relied on N.J.S.A. 56:8-2.11, which provides: "Any person violating the provisions of the within ... 19. Id. at 89-90. We are not convinced that N.J.S.A. 56:8-2.11 would entitle plaintiff to a refund here, since it requires ...

docket:	a2182-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	149590

12 FRANK COLUCCIO and JOSEPHINE COLUCCIO v. SEVAS BUILDERS, INC -- rank: 432

... for a total of $497,868; a refund pursuant to N.J.S.A. 56:8-2.11 of $62,000 reflecting the contract amount; and $201,659 ...

docket:	a5576-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-27
status:	Published
citation:
Document Size:	48107

13 Lemelledo v. Beneficial Mangement Corp. of America -- rank: 390

... anything offered, directly or indirectly to the public for sale." N.J.S.A. 56:8-2.11 to -2.12, and treble damages for violations, whether in ...

docket:	a-107-96
court:	njsupreme
decided:	1997-07-03
status:
citation:	146 N.J. 561
Document Size:	51071

14 JOY SYSTEMS, INC v. FIN ASSOCIATES LIMITED PARTNERSHIP -- rank: 367

... or damaged thereby, is declared to be an unlawful practice[.] [N.J.S.A. 56:8-2.] 11 A-5373-15T4 'The standard of conduct that the term ...

docket:	a5373-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-07
status:	unpublished
citation:
Document Size:	62132

15 CATHY C. CARDILLO v. BRIAN BOLGER -- rank: 358

... s fees, seeking only the statutory remedy of a refund, N.J.S.A. 56:8-2.11, in the amount of $42,500 of the $68,000 ...

docket:	a1117-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-12
status:	unpublished
citation:
Document Size:	47937