Q: Lawsuits against Duraplex for manufacturer defects

A: A New Jersey attorney with experience with the New Jersey Consumer Fraud Act (CFA) would be able to speak with you regarding any defects in the sunroom you experienced. The CFA protects consumers and the acts and omissions of home improvement contractors are within its reach. To bring a claim under the CFA requires that the plaintiff allege that: (1) the defendant committed an unlawful practice; (2) the plaintiff suffered an ascertainable loss as a result of the unlawful act; and (3) there exists a causal relationship between the unlawful practice and the ascertainable loss. An “unlawful practice” is further defined in the statute to include 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 the intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate.” N.J.S.A. 56:8-2.

Remedies under the CFA include actual damages, treble damages, and attorneys’ fees.

Without knowing more about your situation, it is impossible to offer any advice. There are many consumer fraud attorneys in New Jersey and many of whom, like me, would offer you a free consultation. Please feel free to contact me if you would like to discuss the issue you experienced in greater detail.