New Jersey appeals court upholds class certification in Daytona Auto Sales fee case

A New Jersey appellate court affirmed class certification in a consumer case against Daytona Auto Sales and partly revived claims against co-owner Jackeline Velez. The decision clears the way for about 852 vehicle buyers and lessees to pursue allegations that the dealership charged unlawful, unitemized document fees.

Why it matters: - The ruling keeps a consumer class action alive against Daytona Auto Sales over document fees that plaintiffs say were charged without required itemization. - The certified class covers about 852 buyers and lessees, making the case a broader challenge to dealership fee practices in New Jersey. - The appellate court also opened the door to personal liability claims against a dealership co-owner under state regulations.

What happened: - The Superior Court of New Jersey, Appellate Division, affirmed class certification in Helen Graham v. Daytona Auto Sales, Inc., Docket No. A-1236-24, in a decision issued Aug. 4, 2026. - The court partially reversed the trial court's denial of certification as to co-owner Jackeline Velez. - DannLaw said the decision concerns allegations against Daytona Auto Sales, Inc. and co-owner John E. Velez.

The details: - The lawsuit alleges Daytona charged a documentary fee without itemizing the services performed and the price for each service in sales documents. - The claims cite the New Jersey Automotive Sales Practices Regulations, the Consumer Fraud Act and the Truth-in-Consumer Contract, Warranty and Notice Act. - The certified class includes all people who bought or leased a vehicle from Daytona between Jan. 1, 2017, and Feb. 15, 2023, and were charged a "Doc fee" or similar fee without the required itemization. - The appellate court found the trial court correctly analyzed numerosity, commonality, typicality and adequacy of representation under Rule 4:32-1(a) and (b). - The court said individual claims are relatively modest, ranging from $71.85 to $2,819.90 in unlawful fees per class member, making class treatment the superior method. - The court upheld the finding that John Velez can be held individually liable under the Consumer Fraud Act. - The opinion said John Velez managed day-to-day operations, set customer fees and chose the buyer's order form used in transactions. - The court held that Jackeline Velez, as a co-owner and officer, can be held personally liable for alleged violations of the ASP regulations under N.J.A.C. 13:21-15.7(c). - DannLaw and Kim Law Firm LLC represent the plaintiff class.

Between the lines: - The ruling shifts the dispute from class-certification fights to the merits, where plaintiffs still must prove violations and show they are entitled to relief. - The decision suggests the appellate court saw common issues across the proposed class as strong enough to justify one proceeding instead of many small individual cases. - The personal-liability rulings may increase pressure on dealership owners when fee practices are challenged under New Jersey consumer laws.

What's next: - The case now proceeds on the merits. - Plaintiffs must prove the alleged ASP regulation violations and their claims under the CFA and TCCWNA. - DannLaw said consumers who think they may be part of the certified class can contact Javier Merino at 201-355-3440 for more information. - More information is available through DannLaw's social channels and the firm's Facebook page.