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Rhonda Bosland v. Warnock Dodge, Inc.

New Jersey Supreme Court
964 A.2d 741 (2009)


Facts

Rhonda Bosland (plaintiff) purchased a car from Warnock Dodge, Inc. (Dodge) (defendant). Bosland paid cash up front for the car. Bosland also paid a registration fee. Later, Bosland learned that that the registration fee exceeded the actual amount she should have paid, and that this was a violation of New Jersey’s automobile-sales regulations, which required that all service fees be disclosed and itemized to consumers. Rather than ask Dodge for a refund of the excess money paid, Bosland sued Dodge. Bosland alleged that by overcharging her, Dodge had violated New Jersey’s Consumer Fraud Act (Act), N.J.S.A. 56:8-1 et seq. The trial court dismissed Bosland’s complaint. The appellate division reversed, determining that a pre-suit request for a refund was not a prerequisite to initiating a suit under the Act. The New Jersey Supreme Court granted Dodge’s certification for review.

Rule of Law

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Issue

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Holding and Reasoning (Hoens, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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