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Tuesday, June 9, 2009

6-3-09 Lee v. First Union National Bank (A-58-08)

6-3-09 Margaret L. Lee v. First Union National Bank, et al.
(A-58-08)

The sale of securities is not included within the Consumer Fraud
Act’s definition of “merchandise,” and defendants’ conduct in
connection with the sale of securities cannot be characterized
as a “service” covered by the Consumer Fraud Act (CFA) because
that would thwart the statute’s design to keep the sale of
securities beyond the CFA’s application.

Richard Sadowski
Assistant Editor