A New Jersey court case has captured attention due to its implications for consumer rights and business practices in the automotive industry. The complaint, filed by Julia Rose Nawrocki on behalf of herself and others similarly situated, was lodged against J&J Auto Outlet, trading as Auto Concepts, along with Michael Garro and Joe Gallo. This legal action was initiated in the Superior Court of New Jersey, Camden County, under Docket No. L-0221-23.
The case revolves around allegations that J&J Auto Outlet violated several consumer protection laws by charging a “document fee” without proper itemization during the sale of a motor vehicle. Nawrocki’s complaint asserts that this practice breached the Consumer Fraud Act (CFA) and the Automotive Sales Practice Regulations (ASP), as well as the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA). According to Nawrocki, these actions not only infringed upon her rights but also potentially affected numerous other consumers who might have been subjected to similar practices.
Nawrocki’s lawsuit seeks to address these alleged violations through a class-action approach, aiming to hold J&J Auto Outlet accountable for what she claims are systemic issues within their sales process. The complaint outlines multiple causes of action, including breach of contract and violation of consumer fraud statutes. Nawrocki argues that the defendants’ failure to itemize fees constitutes a per se violation of the CFA and TCCWNA, which protect consumers from deceptive business practices.
The trial court initially granted partial summary judgment in favor of Nawrocki on two counts related to these claims. However, upon appeal by the defendants—who argued that discovery was incomplete and disputed any regulatory violations—the Appellate Division found that there were insufficient findings regarding whether an actual regulatory violation occurred or if Nawrocki suffered an ascertainable loss due to such conduct. As a result, the appellate court vacated the summary judgment order and remanded the case back to the trial court for further proceedings.
Nawrocki is represented by attorneys Lewis G. Adler and Lee M. Perlman from Perlman DePetris Consumer Law LLC. The defendants are represented by Brian R. Griffin from O’Toole Scrivo LLC. The appeal was heard before Judges Berdote Byrne and Jablonski under Case ID A-3606-23.
Source: A360623_NawRocki_v_JJ_Auto_Outlet_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf
