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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
• 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
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
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
• 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
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
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
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
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
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
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
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