N.J.Super. at 179, 643 A.2d 649 (quoting N.J.S.A. 56:8-1(e)). A business entity can qualify as a member of the public, or “person,” when it is in a consumer — oriented situation. See J & R Ice Cream Corp. v. California Smoothie Licensing Corp., 31 F.3d 1259, 1273 (3d Cir.1994)(citing New Jersey cases holding that purchasers of yachts, tow trucks, computer peripherals, and prefabricated wall panels are all “consumers” under the NJCFA). In determining whether the NJCFA applies, the Court should look to the character of the transaction and not to the identity of the purchaser. Id. Under New Jersey law, “purchasers of wholesale goods for resale are not consumers within the meaning of the NJCFA.’ ” Bracco Diagnostics, Inc. v. Bergen Brunswig Drug Co., 226 F.Supp.2d 557, 560-61 (D.N.J.2002)(<HOLDING>)(quoting Lithuanian Commerce Corp. v. Sara Lee
recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them holding that a corporation that purchased certain technology and support services through a services and licensing agreement was not protected by the njcfa because the technology and services were not 1 available to the public in large quantities or mass produced and 2 had no similarity to the comprehensive definitions of goods and services promulgated by the nj division of consumer affairs under the njcfa recognizing the availability of a cause of action by manufacturer against supplier under consumer fraud act holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided holding that a manufacturer who sold its health care products to a wholesaler for distribution and in return received sales reports and records from the wholesaler is not a consumer under the njcfa