NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE COMMITTEE ON OPINIONS

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5630-03T15630-03T1

FREDRIC J. GROSS, on behalf of

himself and all others similarly

situated,

Plaintiff-Appellant,

v.

TJH AUTOMOTIVE CO., L.L.C. d/b/a

CHERRY HILL CLASSIC CARS, TJH

CHEVROLET CO., L.L.C. d/b/a CLASSIC

CHEVROLET, and CLASSIC CARS NISSAN,

Defendants-Respondents.

__________________________________________________________

Argued April 26, 2005 - Decided September 9, 2005

Before Judges Stern, Wecker and Graves.

On appeal from the Superior Court of New Jersey,

Law Division, Camden County, Docket No. L-1101-03.

Madeline L. Houston argued the cause for appellant

(Houston & Totaro, attorneys; Ms. Houston and

Melissa J. Totaro, on the brief).

Garen Meguerian argued the cause for respondents

(Saltz Polisher, attorneys; Mr. Meguerian, on

the brief).

Marvin Brauth argued the cause for amicus curiae

New Jersey Coalition of Automotive Retailers

(Wilentz, Goldman & Spitzer, attorneys; Mr. Brauth,

of counsel; Mr. Brauth and Robert L. Selvers,

on the brief).

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiff Fredric J. Gross appeals from orders of the Law Division entered on July 25, 2003, dismissing counts five and six of plaintiff's complaint alleging violations of the Consumer Fraud Act (CFA) and the regulations promulgated thereunder, and its order of May 7, 2004, dismissing counts seven (alleging common law fraud) and eight (alleging unconscionability). We are told that the remaining counts were settled resulting in a final judgment.

On August 31, 2001, plaintiff purchased a 2 002 Jaguar