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May 19, 2026

The State of New Jersey's Consumer Fraud Act held not applicable to attorneys and arbitral tribunals performing professional services

The Appellate Division, noting that Plaintiffs in this action never identified the legal theory being asserted in their instant action, opined that "Supreme Court properly dismissed [Plaintiffs'] third cause of action", which referenced the State of New Jersey's Consumer Fraud Act [NJCFA].*

Noting that that the Defendants in the instant action were acting as arbitrators, the Appellate Division opined that "putting aside the impropriety of Plaintiffs' post hoc effort to recast the cause of action as an NJCFA claim", the State of New Jersey's "NJCFA does not apply to learned professionals such as attorneys and arbitral tribunals when they are performing professional services". 

Citing Pollak v Moore, 85 AD3d 578, the Appellate Division also found that Plaintiffs provided no basis for either Supreme Court or the Appellate Division to grant leave to serve a second amended complaint on Defendants, explaining that Plaintiff's "provided no proposed pleading, nor did they allege any new facts that would overcome the deficiencies in [their earlier] amended complaint."

* See NJ Stat Ann 56:8-2.

Click HERE to access the Appellate Division's decision posted on the Internet.


Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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