HOW DO I PROVE ASCERTAINABLE LOSS IF I AM THE VICTIM OF A TECHNICAL NEW JERSEY CONSUMER FRAUD ACT VIOLATION?
If a private New Jersey Consumer Fraud Act claimant is the victim of a technical violation, such as a violation of a specific subsection of the New Jersey Consumer Fraud Act or a violation of an administrative regulation in nature, to recover damages, the claimant must prove a causal connection between that technical violation and the alleged loss. For example, a home repair contractors failure to disclose the total price of a contract for home repairs before commencing work combined with the contractors giving the customer a bill that exceeds the customers expectations may support a finding that the technical violation resulted in ascertainable loss.