A surge of class actions in New Jersey under the Truth in Consumer Contract, Warranty and Notice Act is expected to subside in light of the Supreme Court’s recent mandate that actual harm is needed to make a case under the act.
The court’s April 16 decision in Spade v. Select Comfort and Wenger v. Bob’s Discount Furniture was welcomed by retailers, who said it could help clear up the many class suits filed over terms of service for online transactions and would also prevent filing of more such cases. The justices said a consumer whose contract for furniture delivery does not comply with state regulations, but has not suffered any adverse consequences as a result of the compliance, does not meet the “aggrieved customer” standard to bring a TCCWNA claim.
