What do we Mean When we say Government Enforcement has been Outsourced?

When most people think consumer fraud protection they imagine government agents going out into the field to inspect businesses, write tickets, and shut down bad-actors. As reports from the state Attorney General’s office can attest, these things do happen, but they are just one part of the state’s enforcement mechanism. A wide variety of regulations are also enforced via lawsuits brought by private attorneys effectively deputized as government enforcement agents.

By |2015-09-02T20:55:36-04:00September 2, 2015|News, Top Stories|0 Comments

Is Litigation the Best Way to Regulate Business?

A number of New Jersey’s state regulatory provisions specify statutory penalties for violations. Having a defined penalty enhances predictability and reduces inconsistent application of the law. When the statutes provide for enforcement actions by individual consumers, the statutory penalty model has the potential to provide the individual with a straightforward means of redress, often without need to even hire an attorney. Attorneys are getting involved though, and it is leading us toward a system where businesses are being regulated one jury at a time.

By |2015-08-21T14:38:32-04:00August 21, 2015|News, Top Stories|0 Comments

New Jersey’s Leviathan

New Jersey’s Consumer Fraud Act has been expanded over the years by the courts and the legislature to the point where it is no longer focused on protecting consumers from fraud. It is instead a catch-all claim that is pulled into all sorts of disputes - consumers and fraud optional. A few recent cases really illustrate this point.

By |2015-01-08T20:50:38-05:00January 8, 2015|News, Recent News, Top Stories|0 Comments

Assembly Voting On Legislation That Enriches Attorneys at the Expense of Injured Workers

This Thursday, December 18, the New Jersey Assembly is voting on A3403, which would award more money to workers compensation attorneys at the expense of their injured clients. “The Assembly needs to know that this bill benefits only attorneys and does nothing to help injured workers. This is a blatant cash grab by the trial bar and its only purpose to increase attorney compensation - money which comes directly from the injured worker's payout,” said NJCJI President Marcus Rayner.

By |2014-12-17T16:54:56-05:00December 17, 2014|News, Press Releases, Top Stories|0 Comments
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