A Key Consumer Fraud Case for the Supreme Court

The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc.  The question presented on this appeal, as phrased by the Supreme Court Clerk’s Office, is “Does the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, apply to this sale of a custom-built tow truck; and did the Appellate Division err by failing to address whether plaintiff established the elements of a claim under the CFA?”

The Appellate Division’s opinion, which reversed summary judgment in favor of the defendant manufacturer, reported at 452 N.J. Super. 565 (App. Div. 2018), was discussed, approvingly, here.  The Supreme Court has been making law in the area of consumer protection during the current term, as discussed (for example) here.  This newly-accepted case will allow the Court to continue to do so in the coming term.

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