The tidal wave of New Jersey Truth-in-Consumer Contract, Notice and Warranty Act cases may finally slow to a trickle: a long-awaited decision from the New Jersey Supreme Court came down Monday, April 16, 2018, that will likely have broad repercussions on who has standing to sue under the statute.
Continue Reading New Jersey Supreme Court Defines TCCWNA’s “Aggrieved Consumer” Requirement

On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes.
Continue Reading New Jersey Shopper Privacy Bill Signed into Law

The American Tort Reform Association recently released the 2016–2017 edition of its “Judicial Hellholes” report. This annual report identifies venues it deems least favorable for civil defendants based on recent decisions and verdicts, as well as state laws and policies.
Continue Reading ATRA Releases Annual “Judicial Hellholes” Report

The first blow to the recent expansive application of the New Jersey TCCWNA was struck by a federal court in California last month. In Candelario v. Rip Curl, Inc., the Central District of California granted a motion to dismiss a complaint alleging a TCCWNA violation of website terms and conditions because the plaintiff lacked Article III standing.
Continue Reading New Law in a TCCWNA Terms and Conditions Case

On September 15, 2016, the New Jersey Senate unanimously approved a bill that seeks limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy Protection Act, must now be approved by the New Jersey Assembly.
Continue Reading New Jersey Moves Forward with Shopper Privacy Bill

The tidal wave of New Jersey Truth-in-Consumer Contract, Warranty and Notice Act claims just swept up a novel argument: a class complaint against Facebook, Inc. argues that the popular social media site’s terms of use is subject to TCCWNA because Facebook profits from users’ personal information and intellectual property.
Continue Reading Latest TCCWNA Class Action Could Transform Seller/Consumer Relationship