Pelican Pool and Patio Charged With Violating Murphy’s Law

Frank L. Cahill
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Pelican Pool and Patio Charged With Violating Murphy’s Law

PARSIPPANY — Parsippany Police say the pool party started a little too early for one Parsippany business and charged its owner, Kenneth Spilatro, 59, with violating emergency orders by allowing customers inside his store, Pelican Pool and Patio, located at 2980 Route 10 West.

Non-essential retail businesses cannot resume indoor sales until June 15, 2020.

Spilatro was charged on Saturday, May 30 by the Parsippany Police Department with violating the emergency orders by allowing customers inside the business. Police found 20 to 30 people shopping at Pelican Pool and Patio. The store is permitted to conduct curbside pickup only. The Parsippany Police had previously warned the owner the previous day.

Also in Morris County, Randolph Police charged Clifton resident Thaer Imleh, 50, with violating the governor’s orders on Saturday, May 30 by having workers wash and dry cars by hand at his South Salem Street business, Clean Way Hand Car Wash. He had been warned previously, they indicated.

In addition, Randolph Police charged Jennifer Rogers of Hackettstown with violating Murphy’s Law by issuing two summons for holding a peaceful rally at her business, Randolph Tennis Club. (See related article by clicking here)

“We’re cracking down on those who jeopardize public health and undermine public safety,” Grewal said in a joint statement.

Praising citizens who have sacrificed “for the greater good,” Callahan added: “Those who choose to ignore the law and selfishly place others at risk will face swift law enforcement action.”

Violating emergency orders is a disorderly person offense, charged by a summons, without arrest. A conviction can bring up to six months in jail and fines of up to $1,000.

Grewal said the state Division of Consumer Affairs has been busy battling pandemic price gouging: Some 108 subpoenas have been issued to retailers and online marketplaces reported by consumers alleging unfair price increases and other unscrupulous practices.

Another 1,586 cease-and-desist letters have been sent, warning retailers of penalties for violating New Jersey’s price-gouging law and the Consumer Fraud Act during a state of emergency.

A total of 5,161 complaints have been made against 2,656 businesses during the COVID-19 crisis. Nearly 83 percent of complaints allege unlawful price hikes on essentials such as food, bottled water, cleaning products, and personal protective equipment including masks, disinfectants, and sanitizers.

Grewal said examples of alleged price hikes reported by consumers include:

  • a dollar store allegedly charging $6.99 for a box of gloves that previously cost $3.99.
  • a deli allegedly selling a single roll of toilet paper for $1.50 and small bottles of hand sanitizer for $5.
  • a grocery store allegedly charging $4 for a roll of paper towels or $48 for a package.
  • a dollar store allegedly raising the price of rubbing alcohol from $1.29 to $8.99.
  • a discount store allegedly increasing the price of bleach from $3 to $10.
  • a pharmacy allegedly selling a can of Lysol disinfectant spray for $12.
  • a department store allegedly charging $15 for an 80-count package of Lysol disinfectant wipes that normally cost $5 or $6.

Consumer Affairs also is investigating complaints about refund practices. There are 413 reports of health clubs, hotels, ticket agents, and other businesses allegedly refusing to issue refunds after they closed or suspended services in the pandemic, the statement says.

New Jersey’s price-gouging law took effect on March 9, when Governor Phil Murphy declared a state of emergency. A price increase is considered excessive if:

  • The new price is more than 10 percent higher than the price charged during the normal course of business prior to the state of emergency, and
  • The price increase is not caused by added costs imposed by the seller’s supplier or added costs of providing the product or service because of the emergency.

Civil penalties for price-gouging and other consumer fraud violations range from up to $10,000 for the first violation to $20,000 for subsequent violations. Restitution and fees can be tacked on; each sale is considered a separate violation.

Complaints may be filed by clicking here.

This past week, four bars and two craft breweries also face possible 10-day liquor license suspensions by the state Division of Alcoholic Beverage Control for allegedly serving food and/or alcohol in their establishments, in violation of emergency orders, Grewal said.

Three of those businesses also were slapped with $750 fines for violating COVID mask requirements.

They are Black Cat Bar & Grill, Absecon; Tavern 519, Kingwood; Woody’s Roadside Tavern, Farmingdale; Human Village Brewing Co., Pitman (additional $750 fine for mask violations); Kelly Green Brewing Co., Pitman (additional $750 fine for mask violations); and Robert’s Place, Margate (additional $750 fine for mask violations).

Since the state of emergency began, at least 39 people have been charged with second-degree terroristic threats during an emergency for “spitting, coughing, or otherwise threatening to deliberately expose officers, medical personnel, or others to COVID-19,” according to the statement.

“We have zero patience for those who spit on cops, gouge prices, or try to exploit this pandemic for their personal gain,” Grewal said.

Second-degree offenses carry penalties of five to 10 years in state prison and up to $150,000 in fines.

Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000, while fourth-degree charges carry a sentence of up to 18 months in prison and a fine of up to $10,000.

Grewal and Callahan ask anyone who sees noncompliance with the governor’s emergency orders to contact local police or click here.

Owner of Randolph Tennis Court Served With Summons Over Peaceful Protest

Frank L. Cahill
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Owner of Randolph Tennis Court Served With Summons Over Peaceful Protest

MORRIS COUNTY — Last weekend, Governor Murphy praised peaceful protests across New Jersey as “transformational” and stated publicly his support for these protests. Murphy said, “peaceful protesting is the way ultimately we get to the better place.”

The entrance to Randolph Tennis Club been closed since early March

On Saturday, May 30, before the current protests, Jennifer Rogers chose to exercise this right to fight against the injustice of people robbed, by order of Governor Murphy, of the ability to earn a living to feed their families, by holding a peaceful assembly of political leaders, business owners, and local community members.  The rally was held at the Randolph Tennis Center with many businesses throughout New Jersey represented on the temporary tennis court fences.  There were many speakers from the political and business communities in support of being able to reopen.

But instead of support from our governor, Jennifer Rogers received two court summonses.

Senator Anthony Bucco replied “The summons should have never been issued. I trust that the prosecutor and law enforcement will do the right thing and dismiss the complaints. If not, in my opinion, it is a clear violation of Ms. Roger’s constitutional rights.

“I was at the rally for small businesses and it was nothing more than a peaceful protest which took place on private property. This police department issued a summons to this group then one week later participated in a protest with another even larger gathering. We either have the right to protest or we don’t. We cannot pick and choose. This governor has created this type of pick and choose culture and it needs to stop,” said Assemblyman Brian Bergen.

Rob Zwigard said, “It’s unconstitutional for selective enforcement per the executive order… all should be allowed to protest equally under the law.”

Rogers said, “I agree with Governor Murphy that peacefully assembling in protest is key to moving toward a better future—whether we are speaking out against the horrific stain of racial injustice or fighting against dictates that lead to despair and loss of livelihood across our state.”

“But I reject our governor’s arrogance in assuming he gets to determine which causes are worthy of protest—and only those he deems worthy are allowed, while others are silenced and, as we now see, targeted,” she’s continued.

“The selective allowance of constitutional rights to some while others are being deprived of those very same rights is discrimination and violates paragraph 5 of Article 1 of the Constitution of the state of New Jersey, otherwise known as the equal protection clause. For the Governor to applaud protesters and Jennifer Rogers to be treated in this fashion design acceptable. The ongoing violation of Rights by the repeated extension of the Governor’s orders is damaging the lives of citizens all across the state of New Jersey. We should all stand with Jennifer Rogers against this kind of discrimination and demand that New Jersey reopen,” said Heather Darling.

Former Sussex County Freeholder Jonathan Rose stated “The fact that Jennifer Rogers received two summonses for her protest while Governor Murphy praised other protests shows both that the governor is stunningly hypocritical and has a callous disregard for the well being of our state’s small businesses. Governor Murphy may think that Ms. Rogers will roll over and accept the trampling of her rights, but she is a fierce warrior. The governor picked the wrong woman to mess with.”

One of the speakers during the organized protest at Randolph Tennis Club

“Thankfully, I know I am not alone. I’m grateful to the many fellow New Jersey residents who are also fighting to safely re-open businesses and restore livelihoods across New Jersey—including the members of the Randolph Township Council, who recently passed a resolution supporting a “safe, equitable and timely reopening of New Jersey’s businesses,” said Rogers.

If Governor Murphy thinks he will silence countless entrepreneurs, workers, and public servants across New Jersey with threats and attacks, he does not know the caliber of people he serves.

Many businesses show their support by posting their banners on the fences of Randolph Tennis Club
A twitter post of Governor Murphy on Sunday, June 7 during a march in Hillside.

Editors Note: After we released this article, we were informed of a GoFundMe account. If you are interested in donating, click here.

County College of Morris Testing Site Changes Begin Monday, June 8

Frank L. Cahill
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County College of Morris Testing Site Changes Begin Monday, June 8

MORRIS COUNTY — As it has become the prevailing health community’s thought that there may exist asymptomatic COVID-19 individuals who are clearly at risk of spreading the virus, and in an effort to both protect and help reopen Morris County, effective Monday, June 8, the Freeholder Board has directed the following changes to be made to the County College of Morris Testing Site:

  • All Morris County First Responders and Health Care workers will be offered priority testing without a prescription or symptoms, and
  • In an effort to assist in getting the Morris County economy reengaged, and as many employers are requiring returning employees to be tested prior to returning to work, testing will be offered to any Morris County asymptomatic resident without a prescription.
  • Read and accept the consent form
  • Have an appointment (Click here for details)

Residents with appointments must show up in a vehicle – you cannot walk or bike through the testing center. If you do not drive, someone else is allowed to drive. The person who is being tested must provide a drivers’ license or viable personal identification at the arrival checkpoint.

Children are eligible for testing. Minors under 18 must be accompanied by a parent or guardian. The parent or guardian must have identification to prove they are residents of Morris or Sussex County.

Click here to book your appointment.

Sewa New Jersey Chapter Distributes 25,000 Masks to First Responders

Frank L. Cahill
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Sewa New Jersey Chapter Distributes 25,000 Masks to First Responders

PARSIPPANY — Sewa International’s North Jersey Chapter distributed 25,000 masks, 500 sanitizers and disinfectant wipes to first responders such as Police Officers and Emergency Medical Services (EMS) staff recently at the Police Athletic League, 33 Baldwin Road.

Murphy Announces Nomination of Fabiana Pierre-Louis To Serve NJ Supreme Court

Frank L. Cahill
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Murphy Announces Nomination of Fabiana Pierre-Louis To Serve NJ Supreme Court

TRENTON  — Governor Phil Murphy announced his intention to nominate Fabiana Pierre-Louis to the New Jersey Supreme Court to fill the seat of Associate Justice Walter F. Timpone, who will reach the mandatory retirement age of 70 later this year. The appointment will first be sent to the New Jersey State Bar Association’s Judicial and Prosecutorial Appointments Committee. With the Committee’s approval, the Governor will proceed with a formal nomination. Upon confirmation by the state Senate, Pierre-Louis would be the first Black woman to serve on the state’s highest court.

“A core tenet of my Administration is a commitment to an independent, fair-minded judiciary that reflects the immense diversity of our great state,” said Governor Murphy. “As a first-generation American, Fabiana brings both a sharp legal acumen and the perspective of her own past that will greatly benefit the proceedings of our state’s highest court. In addition to her esteemed legal career, Fabiana’s humility, empathy, and character are all traits that make her well-suited to become the next Associate Justice and the first Black woman to serve on New Jersey’s Supreme Court.”

“Across this country, there are 33 states which do not have a woman of color on their highest court,” said Lieutenant Governor Sheila Oliver. “I cannot wait to see New Jersey leave that list with Fabiana’s confirmation to the Supreme Court.”

“I have spent my entire legal career in New Jersey, both private practice, and in government service as an Assistant United States Attorney at the U.S. Attorney’s Office,” said Fabiana Pierre-Louis. “It is extremely humbling to have the opportunity to continue the proud tradition of the New Jersey Supreme Court’s commitment to justice, equality, and fairness. I would like to thank Governor Murphy for this honor, and I am so grateful for the opportunity to serve the people of New Jersey.”

Parsippany Community Update June 5, 2020

Frank L. Cahill
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Parsippany Community Update June 5, 2020

PARSIPPANY — Mayor Soriano focused on the reopening of Construction, Planning, and Zoning Departments at Town Hall today at the Mobile Food Delivery Event at Liquid Church.

As COVID-19 statistics continue to improve, the Township of Parsipanny-Troy Hills is looking to safely and slowly open all municipal services back to their full capacity. With nonessential construction now allowed to continue in New Jersey, the Construction, Planning, and Zoning Departments are open, with restrictions, at Town Hall.

‘Unlock New Jersey’ Calls for Reopening of Small Businesses

Frank L. Cahill
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‘Unlock New Jersey’ Calls for Reopening of Small Businesses

PARSIPPANY — Unlock New Jersey held a press conference on Tuesday, June 3 in front of Depasquale the Spa, Powdermill Plaza East, Route 10 Parsippany.

Small Businesses in New Jersey are failing and will never survive the COVID19 crisis due to the restrictions under Governor Phil Murphy’s lockdown orders. We are urging the Governor to unlock the economy through a responsible, expedited, and decisive plan we have proposed. With summer quickly approaching and many people experiencing economic devastation, the time is now for massive action.

Joining Assemblywoman BettyLou DeCroce was Rosemary Becchi, tax lawyer as well as a Congressional candidate; Amanda Veinott-Praml, owner of now-defunct “Momique”; Justin Depasquale of Depasquale the Spa; Peter Sederas of Townsquare Diner in Wharton, also representing New Jersey’s Iconic Diners; Sharon Deventer-Goldfarb, owner of Sharon’s Studio of Dance and Music; and Owners of Village Restaurante & Pizzeria.

Assemblywoman BettyLou DeCroce: Intro to the start of Unlock New Jersey, that shop owners are here today to detail how the continued lock­down is killing small businesses and our economy

Assemblywoman BettyLou DeCroce said “Gathered on each side of me representing diners restaurants, jewelry stores, dance studios, you name it. They are a part of “Unlock New Jersey” and it has grown across the state of New Jersey. Unlock New Jersey Isn’t irresponsible. It’s not wrong. It’s right because it’s about opening up New Jersey and a responsible gradual way. We had asked that the governor open up New Jersey on Memorial Day to all businesses; that are not taking place. I see. As you have that, the Governor is opening up in phases. We see no plan before us, and we need to see that; we need to be able to understand what the Governor is thinking. I, for one, want to make sure that everybody is safe.”

“I can tell you that all the people around me and anybody, that’s a part of Unlock New Jersey,  they want to open their businesses, but they don’t want to get sick. They don’t want their employees sick. They don’t want their customers sick. They’re going to be responsible and do it the right way. We have been sending videos out there. We have been showing the Governor and the people, how responsible ‘Unlock New Jersey’ is” she continued.

Amanda Veinott-Praml, owner of the now-defunct maternity boutique, Momique, which has gone under due to the lock-down

Amanda Veinott said “We are right down the strip center here. We’re two years old. And unfortunately, right before our second birthday, we had to make the very hard decision to close permanently because of the forced extended shutdown. I have a community of close to 6,000 moms here in Morris County that we serve through the business. When I made the announcement in the middle of May that we were going to have to close permanently. I had hundreds of people reach out to me personally, but also through our social media community saying how sorry they were to see that we had to close. It’s actually very emotional. My husband and I, put our life savings into this business. We invested close to $150,000 of our own money into this business to make sure that our community had a motherhood center and we’re losing it.

Justin Depasquale of Depasquale the Spa, which has submit­ted a safe re-opening plan to Governor Murphy for his business and sim­ilar salons, but has remained shuttered awaiting an answer and specific plan from the Governor, who only offered a re-opening date of June 15 without any specifics

“What do you do when your business is shut down and you have to furlough 170 employees? You just kind of watching your heart and soul sink every day. There are only so many days you can sustain something like that. Although the beauty industry is excited that we finally have a date there’s so much more to do. I think what’s really important is that business owners like us, understand that the future is going to look different and we are not ones to sit at home and salt. We’re not looking for handouts. We’re just looking for us to be able to get back to work responsibly. I know that the safety of the entire community is at hand here. So we are taking this very seriously. I would love to invite all of you to see the safety measures that we put in place. ” said Justin Depasquale.

“We’re not asking to be unreasonable. We’re asking to be responsible. We know our business better than anybody knows our business. And therefore I think the Governor if he would like to talk to us about our businesses, let us tell him how they should be operated safely and responsibly. And let’s all get back to work because if there are too many guidelines put on us, if there are too many restrictions that make no sense for our companies and our business, well then forget about being shut down. Even when we open, it will be very difficult to overcome the challenges we face and the monies we need to pay. And the teams we need to support and the bills that need to be paid. And we need to be very, very careful as we start to Unlock New Jersey,” continued Depasquale.

Peter Sedereas of Townsquare Diner in Wharton. Speaking on behalf of New Jersey’s iconic diners, some represented here today, which have been largely shuttered by the Governor and see little if any reprieve from the Governor’s vow to allow outdoor dining to return soon. Most diners do not have outdoor dining facilities, and those that do cannot maintain the business on the few tables they would serve outside their establishments

Peter Sedereas owner of Townsquare Diner stated “We don’t have customers. We have family, our patrons, or extended camp. One of my good friends, Brian, is here today in support of Jersey diners and all small businesses in New Jersey. We have heard, we need to flatten the curve. Now we have heard that we need a fully functional vaccine before we reopen our economy with the new normal, this has become such a fluid situation. Yes, there are many unknowns, but we need to use not only science and forecasting but logic, goalposts cannot be moved without logic. The time has come to reopen the economy with the proper safety procedures and guidelines in place. We are now at the point where we have an unsustainable business model that will be the demise of many small businesses. The Cares Act, the Paycheck Protection Program were great short-term fixes to help us sustain. They were beneficial and serve their purpose. But now we need to open our dining rooms in New Jersey. We are truly grateful that outdoor dining will be allowed starting June 15, but unfortunately, one size fits all mentality simply does not work in New Jersey. We are fortunate at the Town Square as we have an outdoor patio, but many diners and other restaurants don’t or simply will not have the capability to have outdoor dining.”

“You see how unlocked New Jersey is. We are working together to do it the right way. We’re being responsible and we are being protective of not only themselves but their customers and the public,” said BettyLou DeCroce.

Sharon Deventer-Goldfarb, owner of Sharon’s Studio of Dance & Music in Whippany, on the ability of operations like hers to safely operate and that they must be open to provide young people with healthy outlets.

Sharon Deventer-Goldfarb from Sharon Studio of Dance and Music located in Hanover Township said “We teach children and adults since 1975. Listening to everybody speak, I was thinking about the highest honor for me. The thing that fills my heart the most is we have third generation in our studio. That means they trust us. I taught the mother, the child came and now the grandchildren. That says a lot to me. Our children need to get back into the classrooms. Not only all the classrooms, not only for their physical wellbeing but for their emotional and mental health, they need to be back in class. I have set up all guidelines for safety. I researched all the studios throughout the country who are now open and open successfully.”

Sharon Deventer-Goldfarb explains all the safety precautions at her dance studio.

Rosemary Becchi, a tax lawyer as well as a Congressional candidate, on the larger economic impact of keep small businesses locked down.

Rosemary Becci said “The message here is pretty simple. We need to open up New Jersey’s businesses safely and quickly. Unlock New Jersey is that approach. It’s thoughtful, it’s measured and it’s based on data. And that’s what our small businesses be. This is real life and real people and real stories. And when your business is failing or you can’t get that PPP loan, it puts a pit in your stomach, it hurts. We have to do something. I think Justin said it and a few others. This is not only a short term conversation about reopening. It’s also a long term conversation. It’s a longterm conversation about putting in place the policies that will help our businesses grow and help our businesses grow back to where they were and beyond. We need to help people and we need to do it now. Again, we need to open our small businesses safely and quickly. At the end of the day, the ultimate judge is going to be the customers. That’s, who’s going to decide whether or not they’ve done it safely. And if they feel safe, they will come back. And, and that’s what we need the Governor to pay attention to. And we need him to set a clear cut matrix for reopening our businesses.”

The group, which is also asking concerned residents to send physical or virtual keys to Gov. Phil Murphy as a symbolic gesture, argues small business owners need help as the COVID-19 pandemic forces locals shops to close and people to stay home.

Fatmir Nika, Azem Kolig and George Koliq from Village Restaurante & Pizzeria (formerly Il Villaggio Restaurant)

For more information on Unlock New Jersey click here. You can also click here to download a copy of Unlock New Jersey’s complete plan.

Snooki Invites Public To Hang ‘Black Lives Matter’ Posters In Her Storefront

Frank L. Cahill
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Snooki Invites Public To Hang ‘Black Lives Matter’ Posters In Her Storefront

MORRIS COUNTY  — “Jersey Shore” cast member Nicole “Snooki” Polizzi is using her Madison storefront to make an impact.

Snooki said in a post on Instagram ” USE YOUR VOICE‼️ Please feel free to use your voice by adding posters to our store🙏🏽 You can tape them to the bottom of the windows, covering the cement 👊🏽; for a little background into Madison, where my shop is located- #BLM posters are being torn down. My space is a safe place for you. I won’t tear down your posters.”

The Snooki Shop, 61 Main St., Madison

The Snooki Shop is located at 61 Main Street, Madison. Click here for the website.

Nicole Elizabeth LaValle (née Polizzi; born November 23, 1987), best known by her nickname “Snooki”, is a Chilean-American reality television personality, television host, author, professional wrestler, and dancer who is best known for being a cast member of the MTV reality show Jersey Shore and starring in Snooki & Jwoww and Jersey Shore: Family Vacation. Since appearing on Jersey Shore in 2009, Snooki has gained popularity, leading to numerous talk show appearances, web and television series participation and hosting, and a large social media following. She reportedly earned $150,000 per Jersey Shore episode by the last season.

The Snooki Shop, 61 Main St., Madison

In March 2012, Polizzi announced her engagement to Jionni LaValle. Snooki gave birth to the couple’s first child, Lorenzo Dominic LaValle, on August 26, 2012. Her second child, Giovanna Marie LaValle, was born on September 26, 2014. On November 29, 2014, Snooki married Jionni LaValle at St. Rose of Lima, a Catholic church in East Hanover, followed by a reception at The Venetian, Garfield. On May 30, 2019, Polizzi gave birth to her third child, Angelo James LaValle.

Grewal Announces Settlement with Santander in Multi-state Subprime Auto Lending Practices

Frank L. Cahill
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Grewal Announces Settlement with Santander in Multi-state Subprime Auto Lending Practices

TRENTON — Attorney General Gurbir S. Grewal announced that Santander Consumer USA Inc. will pay the State of New Jersey approximately $589,142, provide New Jersey consumers $2.5 million in restitution, forgive the loans of more consumers, and modify its business practices as part of a settlement that resolves a multi-state investigation into Santander’s allegedly predatory auto lending practices.

Santander is one of the largest subprime auto lenders in the United States. Subprime auto lending targets higher-risk borrowers. The loans typically involve high-interest rates and prolonged repayment plans, both of which increase the likelihood of borrower default. About 82 percent of Santander’s retail auto loans are considered subprime, and between 2013 and 2015, roughly half of Santander’s subprime auto loan borrowers defaulted.

New Jersey was part of the Executive Committee spearheading the investigation of allegations that Santander typically failed to require proof of income when considering loan applications; failed to conduct meaningful oversight of conduct by auto dealers, increasing the number of loans founded on false information; and often extended loans that were unaffordable over the life of the loan. Illinois served as the lead state, with California, Maryland, Oregon, and Washington rounding out the Executive Committee.

The multi-state settlement involves 34 States and secures monetary relief estimated to total hundreds of millions of dollars. Santander will pay $65 million in restitution to certain consumers who defaulted on their loans and $5 million to the participating States.

For some consumers who defaulted but have not had their cars repossessed, Santander is required to allow them to keep their car and waive any loan balance up to a total value of $45 million. Santander also will implement reforms to make its lending practices fairer and more transparent.

The settlement also includes significant consumer relief by way of loan forgiveness, including immediate deficiency waivers for defaulted loans still owned by Santander and additional deficiency waivers for loans that Santander no longer owns but is required to attempt to buyback.

“With the financial downturn affecting so many consumers’ credit scores, we will continue to hold accountable companies whose predatory conduct targets New Jersey residents with limited financial options,” said Attorney General Grewal. “I am pleased that in this case, we were able to secure financial relief for so many hard-working New Jerseyans.”

“This settlement will help protect New Jersey consumers from being exploited by predatory lending practices,” said Paul Rodríguez, Acting Director of the Division of Consumer Affairs. “For too long, subprime auto lenders have saddled the most vulnerable consumers with unaffordable loans. This settlement represents an important step in curbing these abuses.”

The States’ investigation found that Santander’s subprime auto loans were often unaffordable over the life of the loan, mainly due to the punitive nature of simple interest, which benefits consumers who pay early, but is particularly harsh on consumers who are chronically late with their payments.

Despite their high default rates, Santander’s subprime auto lending practices proved profitable owing to low capital costs and Santander’s sale of the loans on the secondary market.

Loans that are “structured to fail,” however, may violate state and federal law, and lending that fails to consider the borrower’s capacity to make scheduled payments under the terms of the loan may constitute predatory lending.

Under the settlement announced today, Santander is prohibited from originating any loan if the consumer’s residual income – the consumer’s net monthly income minus the consumer’s total debt obligations – is zero or negative.

Santander is also required to monitor auto dealers for possible embellishment or falsification of loan applicants’ income information. In addition, Santander must contact the credit reporting agencies and request the deletion of any information related to loan modifications and loan forgiveness resulting from the settlement.

The settlement also requires greater transparency in Santander’s lending practices.

For example, Santander must clearly and prominently disclose during enrollment calls, on its loan extension authorization forms, and on loan extension confirmation letters: (1) the effect of an extension on a loan’s maturity date; (2) the application of payments between interest and principal when the consumer resumes making payments; and (3) that the extension may delay repayment of principal, resulting in more interest accruing over the life of the loan than if the consumer had not entered into an extension.

The $65 million in restitution to consumers across the country will be handled by a third-party administrator, and consumers will be notified if they meet the eligibility criteria.

Lead Deputy Attorney General Jeffrey Koziar and Deputy Attorney General Monisha Kumar of the Division of Law’s Consumer Fraud Prosecution Section handled the Santander matter on behalf of the State.

Lake Hiawatha Resident Charged with Terroristic Threats During an Emergency

Frank L. Cahill
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Lake Hiawatha Resident Charged with Terroristic Threats During an Emergency

PARSIPPANY — Attorney General Gurbir S. Grewal and Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police announced enforcement actions including coughing and spitting assaults and noteworthy violations of Governor Murphy’s Executive Orders.

“We’re cracking down on those who jeopardize public health and undermine public safety,” said Attorney General Grewal. “We have zero patience for those who spit on cops, gouge prices, or try to exploit this pandemic for their personal gain.”

Alexis Cap, 31, Lake Hiawatha, was charged on Monday, May 25 by the Pompton Lakes Police with terroristic threats during an emergency (two counts, second degree), resisting arrest (3rd degree), aggravated assault on a law enforcement officer (two counts, fourth-degree), throwing bodily fluids at an officer (two counts fourth degree), possession of prescription legend drugs (4th degree), being under the influence in public (disorderly person offense), and various other disorderly person offenses, including violating the emergency orders.

Pompton Lakes Police responded to a call of a woman seated in the middle of the road smoking a cigarette. Police observed Cap staggering and dozing off. As two officers attempted to place Cap under arrest, she allegedly coughed and said, “I have coronavirus.”

Editor’s Note: An arrest or the signing of a criminal complaint or summons is merely an accusation.  Despite this accusation, the defendants are presumed innocent unless and until he or she has been proven guilty beyond a reasonable doubt in a court of law.

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