OwlIf you're a New Jersey homeowner whose solar installer won't honor a production guarantee, the state's consumer-protection law — the Consumer Fraud Act, or CFA — is one of the strongest in the country. When its elements are met, it carries mandatory treble (triple) damages and mandatory attorney's fees. This page explains what the CFA prohibits, how it can relate to a production-guarantee shortfall, and those remedies.
A note on what this page is. This is general information about a New Jersey statute — not legal advice. OwlWatt is not a law firm. Whether the CFA applies to your dispute, what your demand should say, and whether to file suit are questions for a licensed attorney in New Jersey. A licensed attorney can use your production documentation as evidence. We cite the statute directly so you can read it yourself; statutes are also amended, so confirm the current text before relying on it.
What the CFA Prohibits
The Consumer Fraud Act, N.J.S.A. 56:8-1 and following, defines an "unlawful practice" broadly:
"The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate… whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice…" — N.J.S.A. 56:8-2. Source: official New Jersey Legislature statute text, pub.njleg.gov (verified 2026-06-19).
New Jersey courts have described two broad categories of unlawful practice: affirmative acts (such as an unconscionable practice, misrepresentation, or false promise) and knowing omissions of material fact. The statute is remedial and has been read broadly.
How the CFA Can Relate to a Production-Guarantee Dispute
A production guarantee is a contract term, and New Jersey courts have held that a mere breach of contract is not, by itself, a CFA violation — there has to be conduct of the kind the CFA targets: an unconscionable practice, a misrepresentation, a false promise, or a knowing material omission. What can bring an installer's conduct within the statute is, for example, misrepresenting what the system would produce. Whether a particular installer's conduct fits one of those categories is fact-specific and is the judgment a licensed New Jersey attorney makes — not something OwlWatt or this page can decide for you. What OwlWatt provides is the factual foundation: a documented, weather-adjusted production shortfall measured against your contract's guarantee.
The Remedy: Mandatory Treble Damages and Attorney's Fees
The reason the CFA is taken so seriously is N.J.S.A. 56:8-19, which makes the key awards mandatory:
"Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any method, act, or practice declared unlawful under [the Act]… may bring an action or assert a counterclaim therefor in any court of competent jurisdiction. In any action under this section the court shall, in addition to any other appropriate legal or equitable relief, award threefold the damages sustained by any person in interest. In all actions under this section in which a person in interest has demonstrated a loss… the court shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit." — N.J.S.A. 56:8-19. Source: official New Jersey Legislature statute text, pub.njleg.gov (verified 2026-06-19).
Two features make this powerful for a homeowner:
- Treble damages are mandatory. The statute says the court "shall… award threefold the damages sustained." Unlike statutes where multiplied damages are discretionary or require a finding of willfulness, once a CFA violation and an ascertainable loss are established, the trebling follows.
- Attorney's fees and costs are mandatory. The court "shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit." This means a prevailing consumer can recover fees that may exceed the underlying loss — which is precisely why the CFA changes the economics of an otherwise modest claim.
The threshold to all of this is "ascertainable loss" — the plaintiff must show a real, quantifiable loss of money or property caused by the unlawful practice. A documented, weather-adjusted production shortfall with a dollar figure is the kind of specific, sourced loss an attorney evaluates against that requirement. Whether it qualifies in your case is a legal question for a licensed New Jersey attorney.
Pre-Suit Notice
The CFA's private-remedy provision (N.J.S.A. 56:8-19) does not impose the kind of statutory 30- or 60-day pre-suit demand letter that Massachusetts (Chapter 93A), California (CLRA), or Texas (DTPA) require before a private damages action. Even so, your contract may contain its own notice-and-cure clause, deadlines and limitations periods always apply, and a clear, documented written demand is good practice — it can resolve the dispute and strengthens your record. Confirm what notice your specific situation requires with a licensed New Jersey attorney.
What This Means in Practice
If you're a New Jersey homeowner facing a production-guarantee shortfall, the steps are:
- Document the shortfall. You need a specific, weather-adjusted figure — guaranteed kWh, actual kWh, and the dollar amount — not a vague complaint about low production. That documented figure is what an attorney tests against the "ascertainable loss" requirement.
- Talk to a licensed New Jersey attorney. The CFA distinguishes a deceptive practice from a plain breach, "ascertainable loss" has its own case law, and the mandatory treble-and-fee structure makes getting the theory right valuable. An attorney can also tell you whether your facts support a CFA claim or a straight breach-of-contract claim.
- Send a documented written demand. Even without a statutory notice requirement, a specific, sourced demand can resolve the dispute and builds your record if it doesn't.
If you'd rather understand the general escalation path first, see escalating a solar production claim, which also lists New Jersey's Division of Consumer Affairs — reachable at (800) 242-5846, with an online complaint form at njconsumeraffairs.gov. For the broader New Jersey solar context, see solar in New Jersey.
Sources
All statutory quotations on this page were verified against the official New Jersey Legislature statute text on 2026-06-19. Statutes are amended; confirm the current text before relying on it.
- N.J.S.A. 56:8-19 — official New Jersey Legislature statute text (pub.njleg.gov) — treble damages and mandatory attorneys' fees.
- New Jersey Division of Consumer Affairs — Consumer Fraud Act (full text PDF, njconsumeraffairs.gov) — N.J.S.A. 56:8-1 et seq., including 56:8-2.
- New Jersey Division of Consumer Affairs — Online consumer complaints (njconsumeraffairs.gov)
Further Reading
- Solar Production Guarantee Demand Letter — a free, generic written-demand template (have an attorney tailor it for your situation).
- Escalating a Solar Production Claim — the full escalation ladder and a state Attorney General consumer-protection directory.
- Massachusetts Chapter 93A Against a Solar Installer — the comparable Massachusetts consumer-protection statute.
- How to File a Production Shortfall Claim — assembling the documentation that becomes your ascertainable loss.
- Solar Production Guarantees, Explained — what the guarantee clause obligates the installer to do.
- Solar in New Jersey — the SREC II to SuSI transition and what local arrays should produce.
A CFA Claim Turns on an Ascertainable Loss.
The New Jersey CFA requires a quantifiable loss — and rewards proving it with mandatory treble damages and fees. OwlWatt produces exactly that foundation: a weather-adjusted, dollar-denominated production shortfall measured against your contract's guarantee, using NREL's PVWatts model. OwlWatt is not a law firm and does not provide legal advice; a licensed New Jersey attorney can use this documentation as evidence.
Start free and document your shortfall.