We have seen an explosion in the number of Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) lawsuits and demand letters over the past couple of years. While many businesses settle such suits so they can focus on the business of doing business rather than spending a bunch of money on litigation, a few intrepid companies have fought the claims brought against them. Continue reading
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Tag Archives: TCCWNA
BREAKING: NJ Supreme Court Has Accepted Certified Questions on TCCWNA from the Third Circuit
The New Jersey Supreme Court has just announced that it will answer the following certified questions about New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA):
Is a consumer who receives a contract that does not comply with the Delivery of Household Furniture and Furnishings Regulations (Furniture Delivery Regulations), N.J.A.C. 13:45A-5, but has not suffered any adverse consequences from the noncompliance, an “aggrieved consumer” under the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-17; and, does a violation of the Furniture Delivery Regulations alone constitute a violation of a clearly established right or responsibility of the seller under the TCCWNA and thus provide a basis for relief under the TCCWNA?
The court’s answer will provide clarity not only to the Third Circuit, which is looking for guidance as it decides the cases David Spade v. Select Comfort Corp. and Christopher Wenger v. Bob’s Discount Furniture, LLC, but to everyone.
Clarifying what the terms “aggrieved consumer” and “clearly established legal right” mean will go a long way toward ensuring that this statute does what it was designed to do, protect consumers, without being a tool that attorneys can use to troll for lawsuits against well-meaning businesses.
Recent TCCWNA Action
NJCJI has filed amicus briefs in several Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) lawsuits, and has been following other cases quite closely. Below is an update on the cases we’re involved with and info on some other notable cases. Continue reading
Bringing Common Sense To Our Legal System
Our court system shouldn’t have to deal with suits over the length of sandwiches, amusement park rides that make kids too dizzy, and gassy co-workers. But it does.
Why? Because numerous state laws explicitly encourage litigation when other means of dispute resolution would be quicker and more cost effective; poorly drafted statutes invite endless lawsuits over their interpretation; and antiquated policies limit the ability of our state to improve its legal climate.
Things have gotten so far off track, New Jersey has been named one of the nation’s worst “judicial hellholes.” At this point, there is nowhere to go but up, and the time is right to make changes, both legislatively and via judicial action.
Top News Clips for the Week of December 31-January 6
A selection of the need-to-know civil justice news for the week of December 31-January 6.
Exploding Gas Can Suit Earns Dubious Honor
Kathleen Hopkins | Asbury Park Press
An explosive event in Aberdeen in 2014 has spawned the top honor this year in a contest of dubious distinction.
In Some of 2016’s Biggest Cases, Here’s What Happened Next
Charles Toutant | New Jersey Law Journal
After the Law Journal reports on a case or controversy, sometimes there are new developments that we miss out on when we move on to the next story. With 2016 coming to an end, we decided to take stock of new developments in some of those cases.
New Jersey Regulation And Legislation To Watch In 2017
Bill Wichert | Law360
Employee-friendly initiatives, a proposal barring granting state contracts to businesses with mandatory arbitration clauses and gaming-related measures for racetracks may be on the horizon across New Jersey’s legislative and regulatory landscape in 2017, but the upcoming gubernatorial election could limit how much deal-making gets done.
17 Big Dates On N.J.’s 2017 Political Calendar
Matt Arco | NJ Advance Media for NJ.com
Gov. Chris Christie nearing the end of his term, state lawmakers are up for re-election, and there’s a gubernatorial race. In other words, 2017 won’t be a snoozer in New Jersey.
Follow @NJCivilJustice on Twitter for even more news.
TCCWNA Lawsuits Highlighted As Top 2016 Legal Trend
The New Jersey Law Journal identified the “explosion of suits based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act” as one of the top legal issues to emerge during the past year.
Litigation over TCCWNA exploded in New Jersey courts in 2016, with well-known retailers such as Toys R Us, Victoria’s Secret and J. Crew among the defendants. The measure, which bans contract provisions that violate an already-established legal right, was enacted in 1981 but attracted little attention until 2016, when plaintiff lawyers suddenly let loose with a deluge of suits claiming violations.
Many of the suits claim that broadly worded disclaimers in companies’ e-commerce terms of service violate TCCWNA.
More recently, the [New Jersey Civil Justice Institute] has observed growth in the number of businesses who report receiving TCCWNA demand letters from plaintiff lawyers, reporting that the company is in violation of the statute, said [NJCJI president Marcus] Rayner. The targeted companies are invited to negotiate the issue, and often will agree to pay $10,000 or $20,000 to the lawyer to avert a suit, Rayner said.
“This is a growth industry. I would say it’s becoming a real problem,” Rayner said.
Read the full article from the New Jersey Law Journal.
New Jersey Is A “Judicial Hellhole”
The American Tort Reform Association has released its annual “Judicial Hellholes” report, and New Jersey is near the top of its list. ATRA notes that our state’s consumer protection laws are far from mainstream, and our court system is becoming hostile to arbitration agreements, in direct contravention of federal law.
“It’s disappointing, but not surprising that ATRA has identified us as a ‘Hellhole,’” said Marcus Rayner, the president of the New Jersey Civil Justice Institute. “Our courts have issued some opinions that are really out of the mainstream in a few key areas – namely consumer protection and arbitration – and people in the business community, now even at the national level, are taking note.”
“The arbitration-related decisions the report highlights are really concerning. The New Jersey Supreme Court has weakened the right to arbitrate in New Jersey, in direct violation of federal law, despite the fact that arbitration is faster, cheaper, and just as fair as going to court. This is especially true when you consider the alternative to arbitration is often class action litigation, where the biggest beneficiary is the attorney bringing the case,” said Rayner.
“When it comes to consumer protection, we’ve been saying for years that New Jersey needs to enact some common sense reforms to bring our law more into the mainstream. Our main consumer protection laws, the Consumer Fraud Act (CFA) and the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), aren’t giving consumers appreciably better customer experiences, but they are inspiring lots of litigation. For example, CFA litigation increased 447% from 2000 to 2009, but there’s no evidence there was more actual fraud to fight during that period,” said Rayner.
“We need to take concrete steps to right our course and improve our state’s legal climate before it’s too late. We have a list of 11 legal issues New Jersey should tackle if it wants to improve its reputation and economic outlook,” concluded Rayner.
NJCJI Asks High Court to Nix Some TCCWNA Class Actions
The New Jersey Civil Justice Institute has filed an amicus brief in a class action brought by consumers who claim a restaurant’s failure to clearly post prices in the menu on all drink items violates New Jersey’s Consumer Fraud Act (CFA) and Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA). NJCJI has been spearheading the effort to reform both the Consumer Fraud Act and the Truth-in-Consumer Contract, Warranty, and Notice Act, so we are very interested in what the court will do with this case and a similar case where the court will decide whether “charging different prices for the same beverage, depending upon where in the restaurant the beverage was served” can be the basis of a CFA and TCCWNA class action. Continue reading
Top News Clips for the Week of November 5 – 11
A selection of the need-to-know civil justice news for the week of November 5 – 11.
Security Co. Hit With Suit Over Litigation Limit In Contracts
Jeannie O’Sullivan | Law360
A home security company has been slapped with a putative class action in New Jersey federal court alleging its customer terms illegally limit the time frame for consumer lawsuits to one year, in violation of the state’s consumer contracts law.
Michael P. Daly and Jenna M. Poligo | Drinker Biddle & Reath LLP
Earlier this year, we predicted an explosion of “gotcha” class actions targeting website terms of use and other customer-facing documents under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). It turns out that “explosion” was an understatement, as nearly 50 putative class actions and countless demand letters have been served on retailers and other businesses this year. Many if not most of the plaintiffs in these cases do not even allege that they read the documents they are challenging, let alone that they suffered any harm as a result of their language. In recent weeks, however, several courts have pushed back on this trend by finding that such claims are inconsistent with the plain language of TCCWNA, which requires that plaintiffs be both “consumers” and “aggrieved.”
Consumer Claims Forever 21’s TOS Conditions Are Illegal Under New Jersey Law
Louie Torres | Legal Newsline
A New Jersey woman consumer has filed a class action lawsuit against a Los Angeles-based retailer over the terms of service on its website.
Follow @NJCivilJustice on Twitter for even more news.
Cast Your Vote for 2016’s Most Ludicrous Lawsuit
A lot of ridiculous lawsuits were filed in New Jersey this year, but only one can be crowned 2016’s Most Ludicrous Lawsuit. Cast your vote now for this year’s “winner.”
This year’s nominees are:
Amusement Park Ride Makes Kid Dizzy
Amusement park rides are supposed to make you dizzy, right? Not according to the parents of a child who lost his balance and hit his head after getting off the Bugs Bunny Camp Carousel. They are suing Six Flags Great Adventure for $75,000 for their son’s alleged injuries. The real kicker is the child’s dizzy spell happened four years ago, but the lawsuit was just filed this year.
Void Where Prohibited
Scores of companies were dragged into New Jersey court this year by plaintiffs suing over the phrase “void where prohibited” being included in the terms and conditions of a company’s website. These companies could have to pay millions of dollars in damages despite the fact that there is no evidence that any of the consumers involved in any of these cases has been actually harmed. Because these suits are being brought as class actions, most of the money paid out will probably end up in the pockets of the attorneys bringing the suits.
Law Firm Sues Potential Client
The New Jersey law firm Jaffe & Asher LLP is upset it was not hired to represent Wells Fargo in pending litigation despite redecorating its offices, so it decided to sue the financial institution. This suit was technically not filed in New Jersey, but we’re not going to hold that against it.
100 Self-Serving Suits
Apparently New Jersey attorney Harold Hoffman has never heard the old adage “He who represents himself has a fool for a client.” Just a few years after a court chastised him bringing a Consumer Fraud Act suit against a company selling a penis enhancement product without actually trying the product, he was back in the news again. First for suing the popular Jewish dating website JDate for emailing him, and more recently for abusing the court system with procedural trickery. The court called him “a serial pro se class action litigant,” which is a bit of an understatement considering he has filed over 100 lawsuits on his own behalf under the guise of consumer protection. Hoffman’s double role in the suits he files raises some serious questions about his motives. Are the suits he files truly in the interest of New Jersey consumers? Or is he filing them simply to shake settlement dollars from deep pockets?
Gas Can Explodes When Used As Fire Starter
Walmart is being sued because a gas can it sold blew up when someone tried to start a fire with it.
Crazy Lawsuits are a Symptom of a Broken System
“I can’t deny it’s amusing to look back at all the crazy lawsuits that popped up in the New Jersey courts this year, but is important to remember that this is really not a laughing matter. These lawsuits exist because our legal system is fundamentally flawed,” said NJCJI president Marcus Rayner.
“Many of the worst lawsuits are filed because New Jersey law incentivizes them. When the law encourages a disregard for personal responsibility, or allows uninjured parties and their attorneys to collect a windfall, people are going to take advantage of it.”
“We want to highlight the results this sort of a system produces by awarding the title ‘Most Ludicrous Lawsuit’ to a deserving recipient. But we also want to work to improve our system so that these sorts of lawsuits become a thing of the past. Legal reform is a non-partisan, low-cost way to improve our state’s legal environment, and thus, our economy.”
Want to help us advance common sense legal reform in New Jersey? Fill out the “Quick Contact” box at the bottom of this page, and we will be in touch with information on how you can help fight lawsuit abuse.