10-18-07 A-1369-06T5
In this Consumer Fraud Act case, we hold that as long as a
consumer is able to demonstrate a loss that is quantifiable and
measurable, the consumer need not demand a refund of any
overcharge prior to filing suit in order to satisfy the Act's
"ascertainable loss" requirement. In so holding, we part
company with the decision in Feinberg v. Red Bank Volvo, 331
N.J. Super. 506 (App. Div. 2000), which held otherwise.
We further hold that in order to satisfy the requirements
of the Truth-in-Consumer Contract, Warranty and Notice Act,
N.J.S.A. 56:12-14 to -18 (TCCWNA), a consumer need not allege
that the contract language was confusing. Such provision is a
part of the Plain Language Act, N.J.S.A. 56:12-2 to -13, which
is separate and distinct from the TCCWNA.
