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Thiedemann v. Mercedes-Benz USA.5/18/2005
d more than one remedy in respect of automobile defects. Our obligation is to weave those remedies together sensibly, a task that is easily accomplished. We can reconcile the complementary remedial schemes by adhering to the requirement that a private CFA plaintiff demonstrate a real and measurable loss of property or moneys to have standing to pursue a CFA action. Indeed, the two statutory schemes would be in conflict if the CFA were to accept as proof of an "ascertainable loss" the occurrence of a defect in an automobile, even when the defect is addressed by the manufacturer or dealer at no cost to the purchaser pursuant to a warranty program, when the Lemon Law will allow a car manufacturer three opportunities to cure a defect pursuant to a warranty program before the Lemon Law remedies attach. The Lemon Law encourages voluntary remedial programs and establishes minimally what an automobile manufacturer must do. We will not render that scheme meaningless by allowing a CFA private cause of action without proof of a real and demonstrable loss to the plaintiff.
In sum, the CFA private plaintiff must produce some specific proof to demonstrate a discernable loss. Thus implemented, the CFA ascertainable loss requirement will allow advancement of the respective purposes of the dual statutory schemes.
IV.
The judgment of the Appellate Division is reversed and the matter is remanded to the trial court for entry of judgment in favor of defendant.
CHIEF JUSTICE PORITZ and JUSTICES LONG, ZAZZALI, WALLACE, and RIVERA-SOTO join in JUSTICE LaVECCHIA's opinion. JUSTICE ALBIN did not participate.
Chief Justice Poritz PRESIDING
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