What is considered “fraud” under the Consumer Fraud Act?
The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice. Generally speaking, the Act creates three categories of prohibited acts: • Affirmative acts — unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation. • Knowing omissions — concealment, suppression or omission of any material fact. • Violations of certain sections of the Consumer Fraud Act and of regulations adopted by the New Jersey Division of Consumer Affairs. Under the Act, m
Under the Consumer Fraud Act, the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.
