After reading about the Macallan Group d/b/a/ Home Care Assistance of Red Bank, New Jersey from a “value pack coupon” she received, Gale Rosenthal contracted with them to provide home aides to assist her in her home. According to the coupon advertisement she received, the aides were bonded and insured. After she discovered that jewelry and cash had been taken from her home, she learned that the aides were neither bonded nor insured. Ms. Rosenthal sued the agency and its principal, Michael Fliegler. Her complaint included counts for consumer fraud and breach of contract. After a jury trial, Ms. Rosenthal received a verdict awarding her $23,000 to compensate for the stolen property. The trial court tripled that amount, based on the home care agency’s violations of the Consumer Fraud Act, and also awarded legal fees, for a total judgment of $112,409.00 against the agency. The home care agency appealed. At the trial, Mrs. Rosenthal had testified that, according to the coupon advertisement as well as her conversations with Michael Fliegler and other employees, the agency’s home care aides were bonded. Fliegler had testified that the agency was bonded and had liability insurance. However, he admitted that neither of the aides who worked at Ms. Rosenthal’s home was individually  bonded. On appeal, the Appellate Division rejected the agency’s claims that the trial court had committed error. It affirmed the trial court’s decision in all respects. A copy of Rosenthal v. Macallan Group can be found here – Rosenthal v. Macallan Group

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