Communications and Marketing Manager
NJSBA Opposes Consumer Fraud Act Application To Lawyers In S-1259/A-2088
NEW BRUNSWICK, NJ—The New Jersey State Bar Association urged the Senate and General Assembly today to amend S-1259/A-2088, bills introduced in late February that would require that attorneys and other regulated professionals be subject to certain advertising provisions of the Consumer Fraud Act.
The New Jersey Supreme Court recently clarified in the case of Macedo v. Dello Russo that advertisements by certain regulated licensed professionals, including lawyers, are not subject to the Consumer Fraud Act. The NJSBA participated in the case by filing a brief supporting exclusion of lawyers from the reach of the Consumer Fraud Act.
In letters to the General Assembly and Senate, NJSBA Karol Corbin Walker wrote, “The Consumer Fraud Act does not currently and should not apply to highly regulated professionals where a direct and unavoidable conflict exists between the application of the CFA and the application of another regulatory scheme that deals specifically, concretely, and pervasively with the activity at issue.”
According to the decision in Lemelledo v. Beneficial Management Corporation, the Supreme Court held the CFA implies “a legislative intent not to subject the parties to multiple regulations that, as applied, will work at cross purposes.” Since July 1, 1987, the Supreme Court of New Jersey has specifically and highly regulated attorney advertising through its Committee on Attorney Advertising.
The New Jersey State Bar Association, incorporated in 1899, is dedicated to the continuing education of lawyers and the public, to reforming and improving the legal system and to aiding in the administration of justice.
- NJSBA -