X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Enacted over three decades ago, New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18 (TCCWNA), sat largely unnoticed by the plaintiffs bar until recently. But in the past couple of years, scores of putative class actions have been filed alleging violations of TCCWNA against a broad array of businesses such as Wal-Mart, Target, J. Crew, Select Comfort, Burlington Coat Factory, Toys “R” Us, Bed Bath & Beyond, TGI Friday’s, Johnston & Murphy, Whirlpool, and Bob’s Discount Furniture. TCCWNA’s broad reach has been found to encompass nearly every form of written consumer contract, warranty, notice, advertisement or sign that is displayed, offered, or entered into with a consumer or potential consumer—from restaurant menus to in-store displays to website terms and conditions of use. And the statute’s penalty of at least $100 per violation, coupled with its fee-shifting ­provision, makes it attractive for the class-action bar and dangerous for ­businesses with substantial customer contacts, since alleged damages could rapidly rise into the millions or tens of millions of dollars. Whether it’s a brick-and-mortar retailer in New Jersey or an internet business marketing to New Jersey consumers, TCCWNA could be a pricey trap for unwary enterprises. New Jersey state and federal courts, the U.S. Court of Appeals for the Third Circuit and courts elsewhere are grappling with novel issues arising under TCCWNA, and potentially important decisions are pending.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.