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Questions Answered by Melissa Totaro
1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: I want out of my solar contract and a refund.

I'm in New Jersey and I was sold a solar system that was supposed to offset 90% of my utility usage and it barely offsets 35%. I have it in writing where my sells person told the company if my system didn't offset 90% I would decline the system and then the sells person came back to let... View More

Melissa Totaro
Melissa Totaro
answered on Feb 2, 2024

Based on the facts as you recount them you could have a viable cause of action under the New Jersey Consumer Fraud Act, which prohibits merchants from engaging in certain unfair conduct, including false promise, misrepresentation and otherwise deceptive tactics. The Consumer Fraud Act provides... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for New Jersey on
Q: I purchased life insurance from Colonial Penn a few months ago. Last week a rep called me and tried to get me to upgrade

I purchased life insurance from Colonial Penn a few months ago. Last week a rep called me and tried to get me to upgrade. I told him no at least six times. he was very aggressive and pushy. I got a letter the other day saying "Congratulations! As we have discussed over the telephone, you made... View More

Melissa Totaro
Melissa Totaro
answered on Nov 3, 2020

Selling you coverage you did not want and did not ask for is not permissible. You should call the company and try to get the change reversed and the coverage that you want reinstated at the original premium that you were happy with. If the company refuses to do it, you should contact a consumer... View More

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Can I cancel my wedding in NJ in 11/2020 under the impossibility clause for a full refund due to COVID?

I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.

Melissa Totaro
Melissa Totaro
answered on Aug 13, 2020

In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your... View More

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2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... View More

Melissa Totaro
Melissa Totaro
answered on Aug 10, 2020

Based on the information in your question it appears clear that the venue is unwilling to refund your money voluntarily. You should contact an attorney that practices consumer law and provide them with your contract and the facts of your situation. If there is a strong case that the venue is... View More

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1 Answer | Asked in Consumer Law for New Jersey on
Q: I purchased a car from a dealership about 4 years ago. I went to trade in the car and found out the title is bad.

The carfax for the car states the title is clean. However, the autocheck report shows there is frame damage to the car and the title is branded, damage dated before I owned the car and confirmed from the auction that put that on the report that it is true. The dealership showed me the carfax before... View More

Melissa Totaro
Melissa Totaro
answered on May 16, 2018

To knowingly sell a vehicle that has frame damage and a branded title without disclosing that to the purchaser would be deceptive and unconscionable. Based on your question there are issues regarding whether the Autocheck report would have had that information on it 4 years ago when you purchased... View More

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