‘Learned professionals’ excluded from Consumer Fraud Act

The New Jersey Supreme Court ruled last week that “learned professionals,” including physicians, cannot be sued due to claims of false advertising under the state’s Consumer Fraud Act.

Joseph Dello Russo, MD, and William T. Kellogg, MD, were sued for allegedly violating the act when they allowed Dr. Kellogg to treat the plaintiffs. Court documents in the case said Dr. Kellogg is not fully licensed.

According to court documents, the physicians represented to the plaintiffs that they would be “treated by properly licensed doctors, with no limitations on their licenses and that [Dr.] Kellogg was a licensed physician with no limitations upon his license, and licensed to provide the care and treatment which he proved to each plaintiff.”

The plaintiffs did not complain about the quality of their treatment nor that they suffered any physical injuries as a result of the treatment.

According to local newspaper reports, the plaintiffs were under the assumption that Dr. Dello Russo would be performing both the LASIK surgery and follow-up care. Follow-up care was provided by Dr. Kellogg, whose license had been revoked after he pleaded no contest to performing unnecessary eye surgery on 23 patients, according to The Star-Ledger.

The court held that “advertisements by learned professionals in respect of the rendering of professional services are insulated from claims under the Consumer Fraud Act.” The court added that while insulated from the Consumer Fraud Act, the defendants would still be subject to comprehensive regulation by the relevant regulatory bodies.