New Jersey's Consumer Fraud Act: The Ascertainable Lost Standard

A claimant under New Jersey’s Consumers Fraud Act ( CFA) must establish an "ascertainable loss" in order to recover damages in a CFA. If an ascertainable lost is established, the court will have the affirmative responsibility to issue a judgment against the wrongdoer for three times the amount of that loss.

The cases in New Jersey have concluded that an ascertainable loss is something that must be "quantifiable" "measurable" or "real and demonstrable". In short, an actual lost must be shown.

In cases involving a breach of a contract an ascertainable loss may be any out-of-pocket expense. Where there is a misrepresentation, an ascertainable loss can be established by showing the difference in value between the product or service as represented verses what was actually given.