Statutory Loss Case Study

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Pages: 1

The CFA did not provide for recovery of statutory damages where a plaintiff could not show actual harm. The amount of the loss had to be ascertainable and had to be established with reasonable certainty. The lessee contended that his ascertainable loss was the failure to receive the benefit of his bargain because the navigation system did not give him directions to and from every road. The appellate court held that the lessee failed to show a sufficient loss. The lessee did not pay extra for the navigation system and did not claim that his late arrival at the meeting cost him any money or property such as lost work time or failure to gain additional work or some other actual harm. The appellate court held that the lessee's asserted loss was