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.
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?
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.
Our court system shouldn’t have to deal with suits over [...]
A selection of the need-to-know civil justice news for the week of December 31-January 6.
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.
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.
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.
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.”
A selection of the need-to-know civil justice news for the week of November 5 - 11.