A4292 is Protection for Car Dealers at Your Expense

Assembly Bill A-4292 came to my attention today. Although it is not one of the topics I typically write about, I feel it is important for people to understand this harmful legislation. Introduced in June 2018, this bill requires auto dealerships to notify buyers of recalls on used motor vehicles for sale. That part is ok but what comes next is not palatable for consumers. The second main feature of this Bill is the limitation on attorneys’ fees in consumer fraud actions against car dealers. My first thought was that the person pointing this out to me was an attorney who makes a good living representing consumers against car dealerships under the current statute which allows for treble damages and counsel fees. My second thought was of the individuals I have represented in consumer fraud actions against car dealers. Car dealers have attorneys representing them and it is just part of the cost of doing business. Car manufacturers also have big corporate attorneys who come in to represent them. First they bring the local “big guns” and then they bring in the real “big guns” from Detroit if they lose the summary judgment motion to get out of the case. Without the car manufacturer pressuring the dealership to settle, the dealership will fight to the end to protect their reputation in their territory at great expense to the defrauded consumer. Whether it is on a contingency fee basis or through the recovery of attorneys’ fees to pay back their litigation expenses, the provision for attorneys’ fees to the consumer under the Consumer Fraud Act is often the only way a consumer can afford to fight a car dealership when a car is not sound or when they are defrauded by a dishonest dealer. I have represented individuals who would have been left with a non-working vehicle and no way to fight if they did not have a reasonable degree of certainty they would recover counsel fees at the end of the case. A-4292 still provides for compensatory damages and does permit treble damages in certain instances but it limits attorney fees to “up to $1,000 or up to one third of the amount of damages awarded to the person in interest, at the discretion of the court…” What this could mean to a consumer is that if they purchased a vehicle that suddenly became inoperable and the dealership refused to repair it based on some limited liability theory, they could sue the dealership, and sometimes the car manufacturer, and the court may award them a replacement vehicle to make them whole after litigation. After fighting summary judgment motions against the dealership and the manufacturer’s “big guns” and then going through negotiations or trial, they can find themselves with a legal bill exceeding the value of the car that was replaced. If the consumer knows that they will get only $1,000 or even one third of the amount of damages awarded, that means that, unless they received a replacement vehicle and additional punitive damages award from the court, they may have a bill for legal fees that exceeds the value of the vehicle. In summary, A-4292 serves to limit the opportunity for the consumer to sue a car dealership or manufacturer and offers a layer of protection for dealerships exercising bad practices. There are other certain presumptions created under A-4292 that are favorable to the dealerships and adverse to consumers. The Consumer Fraud Act was created to protect you from bad practices of car dealers and others. To limit its scope is to diminish the bargaining power of the consumer. For more information about legal issues, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Expungement Changes May Still Come For NJ

NJ Assembly bill, A206, permitting automatic expungement of certain criminal records and reducing the waiting period required to obtain an expungement remains before the New Jersey Senate. The statutory waiting period prior to seeking expungement of more serious but expugnable crimes would be reduced from ten to seven years. The statutory waiting period for seeking expungement of disorderly or petty disorderly persons offenses would be reduced from five years to three years. Juvenile records could also be expunged after four years rather than the current five year period if the bill passes. Current requirements, including the non-commission of other prior or subsequent crimes during the requisite waiting period for expungement, would remain as existing with only the modification of the commensurate waiting periods required. The bill also provides for the automatic expungement, after three years, of disorderly or petty disorderly persons offenses for criminal mischief (N.J.S.A. 2C:17-3) or shoplifting (N.J.S.A. 2C:20-11) as well as drug offenses included in 2C:35 or 2C:36 offenses. This would reduce the waiting period from five to three years for expungement of these offenses. The current requirement that the applicant have no other convictions for any other prior or subsequent crimes or any other three disorderly persons or petty disorderly persons offenses would remain intact. Certain crimes including murder (N.J.S.A. 2C:11-1), manslaughter (N.J.S.A. 2C:11-4), kidnapping (N.J.S.A. 2C:13-1), sexual assault (N.J.S.A. 2C:14-2), arson (N.J.S.A. 2C:17-1), robbery (N.J.S.A. 2C:15-1) and other serious crimes shall remain unexpungeable. Additionally, conviction relating to the sale, distribution or possession with intent to distribute controlled dangerous substances (CDS) shall not be subject to expungement except in certain narrowly defined circumstances. Proponents of the bill argue that there is no societal benefit to the extended waiting periods prior to seeking expungement and also cite to the societal interest in cleansing records in order to return eligible non-recidivists to the workforce. If you would like to expunge past mistakes from your record, you should consult with an experienced criminal defense attorney to determine whether you are eligible for expungement and for help navigating the process of obtaining an expungement. For more information about the expungement of a criminal record, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.