Consumer Fraud

By Fredrick P. Niemann, Esq. a New Jersey Consumer Fraud Attorney NJ Consumer fraud takes on many different forms.  Luckily, there are attorneys and lawyers who can help you with consumer fraud in the event that you are victim to a scam or theft.  Most people are aware of the many different scams and schemes that are a part of life, but many good people have fallen prey to them over the years.  Scammers range from simple pickpockets to scammers who set up large, multinational Ponzi schemes.  One of the more famous examples of a scammer is Bernie Madoff, who set up a Ponzi scheme that caused many people around the world to lose large sums of money. Consumer fraud …

By Fredrick P. Niemann, Esq. a New Jersey Consumer Fraud Lawyer The Admission Agreements for nursing homes under the consumer fraud act was recently analyzed by the court. The New Jersey CFA prohibits: “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…. To sustain a claim of violation of the …

By Fredrick P. Niemann, Esq. a New Jersey Consumer Fraud Lawyer Are New Jersey nursing homes subject to the Consumer Fraud act?  The answer is, no! Under the learned professional exception of New Jersey law, our courts have held that hospital services do not fall within the purview of the CFA as hospitals in New Jersey are strongly regulated. In one case, a hospital sued the defendants in the special civil part to collect for services rendered to their son. Defendant filed a counterclaim under the CFA alleging unlawful or unethical medical practices. The trial court granted summary judgment in favor of plaintiff. On appeal, as a case of first impression, the court drew upon precedent established in other jurisdictions …

By Fredrick P. Niemann, Esq. a New Jersey Consumer Fraud Lawyer The question whether a hospital’s admissions contract and collection methods violated the New Jersey Consumer Fraud Act (CFA) was addressed. The federal court examined New Jersey’s learned professional exception to determine if collection efforts by a hospital are “services” and thereby excluded from prosecution under CFA. The plaintiff patient was indigent, had no health insurance and did not qualify for Medicare or Medicaid. At the time of his admission, he signed a contract guaranteeing payment of unspecified charges that read, in relevant part, “I also guarantee payment of all charges and collection costs for services rendered….” The defendant billed the plaintiff for the services rendered, in accordance with the …