CAN A MERCHANTS PRICE TAG ON MERCHANDISE SERVE AS PROOF OF ASCERTAINABLE LOSS UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, the price listed on a merchants sales sticker is evidence of a products replacement value. For example, in a New Jersey Consumer Fraud Act case, if a merchants use of a sales sticker fraudulently convinces the New Jersey Consumer Fraud Act claimant to purchase the merchandise, that merchant must coming forward with evidence of replacement value other than the sales sticker price. Where a merchant presents such evidence, the trier of fact (a jury in a jury trial and a judge in a case decided without a jury) decides the issue based on all the evidence with the burden of persuasion returning to the New Jersey Consumer Fraud Act claimant. Otherwise, judgment will normally be entered in favor of the New Jersey Consumer Fraud Act claimant. But the New Jersey Consumer Fraud Act claimant is not limited to merely relying on the sales sticker as proof of ascertainable loss, since they may call witnesses and produce other evidence of replacement value, whi
Related Questions
- CAN THE REPLACEMENT VALUE OF MERCHANDISE SERVE AS PROOF OF ASCERTAINABLE LOSS UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
- CAN THE PRICE I PAID FOR MERCHANDISE SERVE AS PROOF OF ASCERTAINABLE LOSS UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
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