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.

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Courts Crack Down on Attempts to Expand the Scope of The New Jersey Truth-in-Consumer Contract, Warranty and Notice Act

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.”

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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.

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