NJ High Court Will Bring Welcome Clarity To Consumer Law

Law360, New York (April 14, 2017, 12:55 PM EDT) -- Brian O'Donnell

Jeffrey Beyer In the last few years, there has been a well-documented surge of class action lawsuits against businesses operating in New Jersey, alleging violations of the state's Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA). The statute's provisions for a statutory penalty of $100 per violation, or actual damages, or both, plus reasonable attorneys' fees and costs, have made TCCWNA a particularly attractive vehicle for the plaintiffs class action bar.

Indeed, the statute's facially broad language, coupled with some creative theories by plaintiffs lawyers, have resulted in a flood of putative TCCWNA class action claims making their way through...

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