NJ Supreme Court Decision Raises Questions About Consumer Fraud Act Exposure for Insurance Professionals

By Brad D. Feldman, Gregory D. Herrold and James Hearon

In a unanimous opinion, Lowe v. Audet, __ N.J. ___ (2026) (slip op.), the New Jersey Supreme Court held that insurance brokers, producers, and agents are not exempt from the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1, under the judicially created “learned professional” exemption, as semi-professionals or otherwise. The Court’s opinion will have an immediate impact on the insurance industry in New Jersey, subjecting insurance brokers, agents, and producers to potential liability under the CFA, one of the nation’s strongest consumer protection laws.

Read the full article published in The New Jersey Law Journal on the Duane Morris LLP website.

Does the Government Need a Search Warrant to Obtain Cell Phone Location Data?: Within the Past Month, the Fifth Circuit said “No” while the New Jersey Supreme Court said “Yes”

The historical location data of a given individual’s cellular telephone can be put to a startling array of uses by state and federal law enforcement. Really, it is not hard to figure out how. Cellular phones send out signals at short time intervals in order to establish the presence of a nearby cell tower and to connect to it as required. This location information is recorded and preserved by the industry’s various service providers—T-Mobile, Sprint and the like.

The police have figured it out. If one can find the cell phone; in most cases, you can find its user and/or owner.

Continue reading “Does the Government Need a Search Warrant to Obtain Cell Phone Location Data?: Within the Past Month, the Fifth Circuit said “No” while the New Jersey Supreme Court said “Yes””

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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