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Consumer Contracts Terms and Conditions Class Action

Ballard Spahr LLP

Will the CFPB’s proposed rule on contract terms and conditions affect arbitration clauses?

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Earlier this week, the CFPB issued a proposed rule. Among other things, the proposed rule would “forbid covered persons from including in their consumer contracts any terms or conditions that purport to waive substantive...more

Holland & Knight LLP

New Jersey Supreme Court Favors Retailers in Landmark Ruling Limiting TCCWNA Claims

Holland & Knight LLP on

• In what has been described as a landmark ruling on behalf of both national retailers and consumers alike, the New Jersey Supreme Court has established critical law to limit exposure to purported class action claims...more

McGuireWoods LLP

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

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

Blank Rome LLP

New Jersey Supreme Court Clarifies Scope of TCCWNA

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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

Holland & Knight LLP

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

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 affect....more

Blank Rome LLP

A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean

Blank Rome LLP on

CPR Speaks - A recent decision by the United States Court of Appeals for the Third Circuit reminds us that when we want an arbitration clause to apply in certain situations or to certain parties, we have to build that...more

Troutman Pepper Locke

Two New Jersey District Courts Dismiss TCCWNA Cases On Spokeo Grounds and Address What It Means To Be An “Aggrieved Consumer”...

Troutman Pepper Locke on

In recent months, federal and state courts in New Jersey have been faced with numerous motions to dismiss class action complaints alleging that online retailers’ website terms and conditions violate New Jersey’s...more

Perkins Coie

NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

Perkins Coie on

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more

Morrison & Foerster LLP - Social Media

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more

Kilpatrick

Recent Ruling Creates Potential Liability For Use of Common Contractual Terms

Kilpatrick on

Contracts containing uniform terms and conditions are a common feature of modern commercial life. Consumers are oftentimes required to agree to such contracts in order to buy a good or service, and the contracts typically...more

BCLP

The Hidden Danger for Retailers Doing Business in New Jersey

BCLP on

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

Troutman Pepper Locke

Locke Lord Article: Doing Business in New Jersey? Your Website Terms & Conditions May be Plaintiffs’ Next Target

Troutman Pepper Locke on

Doing business in New Jersey just got thornier. Recent decisions broadly interpreting the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14, et seq., have spawned a flurry of pre-suit...more

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