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
TCCWNA
TCCWNA Updates
By Emily K. Bolles & Ryan P. Phair on
Posted in Advertising & Marketing, Consumer Protection
TCCWNA case law has continued to develop with no end in sight. Recently, courts have grappled with definitional questions that could impact the scope of the law and affect sellers of consumer goods and services.
Continue Reading TCCWNA Updates
ATRA Releases Annual “Judicial Hellholes” Report
By Thomas R. Waskom & Quinn Adams on
Posted in Class Action, Consumer Protection
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
New Law in a TCCWNA Terms and Conditions Case
By Emily K. Bolles & Ryan P. Phair on
Posted in Class Action, Consumer Protection
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
Consumer Protection in Retail: Weekly Roundup
By Phyllis H. Marcus & Matthew W. Modell on
This week, a number of consumer and regulatory actions made headlines that affect the retail industry. Continue reading for our weekly roundup.
Continue Reading Consumer Protection in Retail: Weekly Roundup
Consumer Product Companies Reminded That Insurance Options Exist for Big Data Blunders
Posted on
On July 12, 2016, several Hunton lawyers published an article addressing the growing trend of consumer class actions and reminding consumer product manufacturers to look to their insurance policies when they find themselves faced with class action lawsuits in the digital landscape. This blog post provides a link to the article. …
Continue Reading Consumer Product Companies Reminded That Insurance Options Exist for Big Data Blunders
Latest TCCWNA Class Action Could Transform Seller/Consumer Relationship
By Emily K. Bolles on
Posted in Class Action, Consumer Protection
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
The New Wave of Consumer Class Action Targeting Retailers: What is the TCCWNA?
By Ryan P. Phair on
Posted in Class Action, Consumer Protection
TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk. …
Continue Reading The New Wave of Consumer Class Action Targeting Retailers: What is the TCCWNA?