N.J. AG claims price-posting win

Keith Loria Jun. 14, 2010, 12:00pm


NEWARK, N.J. (Legal Newsline) - The Appellate Division of the New Jersey Superior Court upheld a decision on Wednesday that found a used car dealership had violated the New Jersey Consumer Fraud Act.

The original decision and order of the director of the Division of Consumer Affairs had claimed that J.D. Byrider, also known as Johnny Popper, Inc., and Fisher's Fine Automobiles, was guilty of not posting selling prices on or near its used vehicles, which is required by state law.

"This decision is a major victory for consumers," Attorney General Paula Dow said.

"Consumers need to know product pricing in order to make informed purchasing decisions and this ruling affirms the requirement to have the sales price on or near any used vehicle offered for sale."

J.D. Byrider was charged with not posting prices on any of the 34 used vehicles in its lot or posting sale prices anywhere near the cars.

J.D. Byrider contested the notice of violation by requesting a hearing, arguing that the posting of prices inside the sales office was sufficient. State law requires the posting of prices either on the merchandise or "at the point where the merchandise is offered for sale."

The Division of Consumer Affairs argued that this should be interpreted to require the posting of prices either on the vehicles or near them. Calcagni agreed, charging J.D. Byrder $5,425 in civil penalties and reimbursements for investigative costs and attorneys' fees.

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