What types of sales are excluded from the Consumer Fraud Act?
There are limits to the types of transactions/merchandise that are covered under the Act. Accordingly, if you think you have a Consumer Fraud claim, you should promptly consult with an attorney. For example, when learned professionals (doctors, lawyers, insurance brokers, architects, accountants, etc.) are acting within the scope of their profession, they are not subject to the Consumer Fraud Act. Further, the conduct of certain types of industries/areas that are regulated by state or federal laws other than the Consumer Fraud Act may be excluded from the Consumer Fraud Act. For example, in certain instances, the regulations of the Casino Control Commission or the Food and Drug Administration prevent individuals or businesses from raising the protections of the Consumer Fraud Act. There are exceptions to these prohibitions and you must consult with an attorney to be certain that your claim is excluded under the Consumer Fraud Act.
