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Last month, we wrote about a New Jersey statute—the Truth-in-Consumer Contract, Warranty and Notice Act (the TCCWNA)—that, among other things, seeks to impose liability on online sellers when they sell to New Jersey consumers. Generally, the act prohibits sellers (including online sellers) from including any provisions in certain writings, the most common of which are contracts (including clickwrap agreements), notices, and terms and conditions, that violate “any clearly established legal right of a consumer or responsibility of a seller … as established by State or Federal law.”
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