TCCWNA Update: NJ Supreme Court Deals Major Setback to Plaintiffs

This week saw a watershed opinion from the New Jersey Supreme Court that should stem the tide of purported class actions brought under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (or “TCCWNA”). We have written previously about TCCWNA litigation here and here. Since our last update, a number of courts have issued opinions favorable to defendants, but this most recent decision in Spade v. Select Comfort Corp., Op. No. A-57-16 (078611) (N.J. Apr. 16, 2018) is a significant victory for a nation of potential defendants and should bring a sigh of relief to those doing business in New Jersey. TCCWNA makes it unlawful in New Jersey to offer an agreement or display a warranty or notice to a consumer or perspective consumer if that agreement, warranty, or notice includes any provision that violates a clearly established legal right of a consumer or responsibility of a seller. It also makes it unlawful for a consumer contract to indicate that some…

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