A selection of the need-to-know civil justice news for the week of April 16-22.
Charles Toutant, New Jersey Law Journal
Companies engaged in e-commerce in New Jersey are being hit with class action suits claiming their terms of service violate a state consumer protection law enacted when Ronald Reagan was president—and the litigation is causing concern in the business community.
Kat Greene | Law360
Toys R Us and Bed Bath & Beyond are trying to squeak by consumer complaints for selling substandard or dangerous products with online contracts that violate New Jersey law, according to a pair of similar proposed class actions filed Wednesday. Two separate plaintiffs alleged in New Jersey federal court that Toys R Us Inc. and Bed Bath & Beyond Inc. require customers to agree to online terms and conditions before making a purchase that unfairly block the shoppers from seeking damages for injuries if the product they buy is unsafe, according to the suits.
Myles Ma | NJ Advance Media for NJ.com
A Closter man is taking to the courts to do battle against fine print. David Hecht filed a class-action lawsuit in U.S. District Court argues that the terms and conditions on the Hertz website are not specific enough. The suit seeks $100 for himself (plus attorney’s fees) and any other members of the Hertz Golds Plus Reward Program or who has rented a vehicle from Hertz since June 1, 2011.
A New York woman is suing Burlington Stores, alleging its terms and conditions attempt to absolve it from liability. Annette Martinez of West Haverstraw, New York, individually and for all others similarly situated, filed a class action lawsuit April 13 in U.S. District Court for the District of New Jersey against Burlington Stores Inc., alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
Braden Campbell | Law360
The operator of the New Jersey Devils’ arena was hit with a putative class action in New Jersey federal court Friday alleging it forced customers to cede their rights to file personal injury claims in violation of a New Jersey consumer protection statute.
Michael A. Kakuk | Top Class Actions
On April 17, a class action lawsuit was filed against the companies behind the Victoria’s Secret website for alleged violations of New Jersey consumer protection laws. The class action lawsuit asserts that “through its ‘Site Terms, Conditions And Notices,’ Defendant imposes on New Jersey consumers involuntary, illegal, and unenforceable limitations of consumer rights and remedies in violation of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act.”