This bill amends the New Jersey Consumer Fraud Act (CFA) by establishing specific requirements for individuals seeking to assert a cause of action under the act. It mandates that a person claiming damages must demonstrate that they acted as a reasonable consumer, that the alleged unlawful practice would mislead a reasonable consumer, and that they suffered actual damages supported by definitive evidence. Additionally, the bill allows courts to dismiss claims that do not meet these criteria, thereby aiming to reduce frivolous lawsuits and protect businesses from unwarranted legal actions.
Furthermore, the bill modifies the awarding of attorneys' fees in CFA cases, stipulating that any fees awarded must be proportionate to the monetary judgment. In instances where equitable relief is granted, attorneys' fees will be based on the reasonable time spent on the case. This change is intended to ensure that legal costs are fair and reflective of the actual work involved, while also discouraging litigation based on minor or technical violations of the CFA. The overall goal of the bill is to enhance protections for businesses and ensure that only legitimate claims are pursued in court.
Statutes affected: Introduced: 56:8-19