HOW DO I PROVE THAT A MERCHANT CAUSED ME TO SUFFER AN ASCERTAINABLE LOSS OF MONEY OR PROPERTY UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
A New Jersey Consumer Fraud Act claimant does not have to prove that the wrongful conduct was their sole cause of the loss, but merely that it was a cause. While the New Jersey Consumer Fraud Act claimants proof of ascertainable loss may ultimately be rejected by the trier of fact (in jury trials, the trier of fact is a jury and in trials heard without a jury, the trier of fact is a judge), such possibility does not deny New Jersey Consumer Fraud Act claimant standing under the New Jersey Consumer Fraud Act. Nor is it necessary for a New Jersey Consumer Fraud Act claimant to establish the exact dollar amount of their ascertainable loss. Instead, to establish ascertainable loss it is sufficient for a New Jersey Consumer Fraud Act claimant to submit an estimate of damages, calculated with a reasonable degree of certainty. If a New Jersey Consumer Fraud Act claimant is able to prove that they sustained a loss of money or property caused by the alleged fraud, uncertainty regarding the exac
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