News & Analysis as of

Consumer Contracts

Court Reserves “Multiple-Account” Revocation Issues for the Jury and Suggests that a Spouse Can Revoke Consent

by Womble Bond Dickinson on

One of the biggest challenges collectors face when trying to honor consumer consent preferences is how to treat a stop call request received from a customer who has multiple accounts in collections with the caller....more

Oral Revocation of TCPA Consent Ineffective Where Agreement Required Written Notice, Court Rules

by Ballard Spahr LLP on

A consumer's alleged oral revocation of consent to receive autodialed or prerecorded calls to his cell phone was ineffective under the Telephone Consumer Protection Act (TCPA) when his credit card agreement provided that...more

SDNY Denies Plaintiff’s Attempt To Vacate Arbitral Awards In Administrative Charge Dispute With Verizon

by Carlton Fields on

Verizon Wireless prevailed recently in confirming certain arbitration awards related to a dispute based on allegedly unlawful administrative charges for a cellular contract. ...more

Plaintiff’s TCPA Joyride Comes to a Swift End: Court Tosses Putative Text Message Class Action After Finding Plaintiff Consented...

by Womble Bond Dickinson on

TCPALand is filled with people trying to game the system, especially when it comes to text message TCPA cases. You’ve got the classic opt-out evader, as we just saw in the Edible Arrangements case. But sometimes, the play...more

Arbitration Clauses in Solar Contracts

This month, a panel of the New Jersey Superior Court, Appellate Division, ruled that a proposed class action brought by customers of a solar energy company was subject to arbitration. The case, Brian and Ananis Griffoul v....more

New Jersey Decision Could Slow TCCWNA Actions

In a victory for defendants, the New Jersey Supreme Court ruled that a plaintiff must suffer actual harm from an allegedly unlawful provision in a contract or notice to be an “aggrieved” party under the state’s Truth in...more

New Jersey Supreme Court’s One-Two Punch with Spade/Wenger and Dugan Decisions Scores Knockout of TCCWNA Class Actions

by McGuireWoods LLP on

For years, companies doing business in New Jersey have been plagued by an archaic statute— the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA,” pronounced Tick-wa-nah)—adored only by consumer class action...more

Japan Legal Update - Volume 35 | April 2018

by Jones Day on

Intellectual Property - Cabinet Approves and Submits to the Diet the Bill to Partially Amend the Unfair Competition Prevention Act - On February 27, 2018, the Japanese Cabinet approved and submitted to the Diet the...more

New Jersey Supreme Court Clarifies Scope of TCCWNA

by Blank Rome LLP on

Agency regulations provide a “clearly established legal right” under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), but a consumer must suffer an adverse consequence from the regulatory violation...more

Texas Supreme Court Compels Arbitration For Lender And Disagrees With Fifth Circuit

by Winstead PC on

In Henry v. Cash Biz, LP, a borrower sued a lender for the lender reporting the borrower’s bad checks to the district attorney’s office. No. 16-0854, 2018 Tex. LEXIS 164 (Tex. February 23, 2018). ...more

Minor Not Bound—Directly Or Indirectly—By Arbitration Agreement In Mother’s Credit Card Agreement

by Carlton Fields on

Last month the Seventh Circuit reversed a lower court order enforcing an arbitration agreement contained in cardholder agreement as applied against the minor daughter (“A.D.”) of the cardholder, rejecting the bank’s attempt...more

Spade/Wegner: Supreme Court Delivers Crushing Blow To TCCWNA Plaintiffs By Enforcing “Aggrieved Consumer” Requirement As Written

by McCarter & English, LLP on

Late last year, McCarter reported on the New Jersey Supreme Court’s ruling in Dugan/Bozzi and predicted that the Supreme Court would soon hold that consumers filing suit under New Jersey’s Truth-in-Consumer Contract Warranty...more

The New Jersey Supreme Court Deals a Significant Blow to TCCWNA Claims

by K&L Gates LLP on

The New Jersey Supreme Court has spoken: a plaintiff suing for a violation of New Jersey’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA) must have suffered an actual injury - but not necessarily a monetary one -...more

Tick-Tock — Time May Be Running Out For TCCWNA Claims

In Spade v. Select Comfort Corp., 2018 N.J. LEXIS 483 (2018), the New Jersey Supreme Court provided insight on interpreting elements of the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18...more

Ding Dong, TCCWNA Class Actions Are Dead.

by Kelley Drye & Warren LLP on

Today, the New Jersey Supreme Court issued a much-anticipated decision construing New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”). The decision affirmed that one who has not suffered actual harm...more

On Reconsideration, Applied Underwriters Again Loses Argument To Enforce Mandatory Forum Selection Clause In Reinsurance Contract

by Carlton Fields on

As we previously reported, the District of Connecticut in September denied a motion to transfer based on a mandatory forum selection clause in a reinsurance contract in a dispute between Applied Underwriters, Inc. and its...more

Ninth Circuit: If You Want An Arbitration Agreement Enforced, Don’t Try To Slide It By Later

Takeaway: If you want to avoid exposure to class action litigation, you might think about putting an arbitration clause and class action waiver in your consumer-facing terms and conditions. But if you want those terms and...more

Vermont Legislative Update 03-30-2018 - An analysis from DRM's Government & Public Affairs Team

Senators Berate ANR Secretary over Missed Deadline - Agency of Natural Resources Secretary Julie Moore said on Thursday she's learned to put requests in writing after she sought legislative permission to delay promulgation...more

Eleventh Circuit Slaps Down Bank’s Third Attempt To Compel Arbitration In Overdraft Litigation Fight

by Carlton Fields on

The Eleventh Circuit recently upheld a district court’s denial of RBC Bank’s latest attempt to compel arbitration of a dispute with banking customers over allegedly fraudulent overdraft practices. ...more

Seventh Circuit Denies Arbitration of Accountholder Daughter’s TCPA Class Action Claims

by Ballard Spahr LLP on

In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

by Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card

A new Seventh Circuit case answers the age-old question: if a fourteen-year-old swipes her mom’s credit card to complete a smoothie purchase at the mall, is she bound to the credit card agreement?...more

Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

by Carlton Fields on

The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

by Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or...more

Federal Courts Do Not Appreciate Defendants Obtaining Arbitration Agreement From Active Plaintiff

In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration agreements that are obtained years after litigation has commenced....more

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