Author Archives: Daniel Mee

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The Surge of “TCCWNA” Class Actions in New Jersey

Until recently, the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (TCCWNA or the Act) was a relatively obscure consumer protection statute that sat dormant on New Jersey’s books for almost three decades. That all changed when a series of cases opened the floodgates to consumer class action litigation. In April, the New Jersey Civil Justice Institute issued a staggering prediction that the wave of TCCWNA lawsuits against retailers and other defendants could double in size over the next two years. Building Up TCCWNA The…

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Supreme Court Set to Hear Cases on “No-Injury” Class Actions

In November, the U.S. Supreme Court will hear oral argument in two cases that could have broad implications on class action litigation.  Spokeo, Inc. v. Robins, which will be argued on November 2, 2015, will address whether the publication of inaccurate personal information in violation of the Fair Credit Reporting Act (FCRA) is alone sufficient to confer upon a plaintiff Article III standing.  The second case, Tyson Foods, Inc. v. Bouaphaked, set for November 11, 2015, concerns the standard for class certification under…

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Gym Class Dismissed: Monthly Gym Memberships Not Governed by TILA

As anyone who has ever seen laundry draped on an unused treadmill can attest, there is a big difference between investing in exercise equipment and investing the time to actually use the equipment. The same holds true for gym memberships. Not surprisingly,  there are many people who join gyms with the best intentions to exercise regularly who then later regret signing a long term contract to belong to a gym they no longer use. Also, not surprisingly, most states have some sort of consumer protection…

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Defeating “Unnatural” Class Actions

On June 12, 2015 a plaintiff filed a class action lawsuit against Kraft Foods claiming that its Capri Sun beverages are not “all natural” because they contain citric acid and flavorings. “Simply put,” the plaintiff alleges in Osborne v. Kraft Foods Group, Inc., “they contain unnatural ingredients.” These allegations have become commonplace in beverage labeling class actions. Snapple, AriZona, Skinnygirl Margarita mix, and Pure Leaf Iced Tea have all faced similar accusations. The Pure Leaf class action complaint, Laboon v. Unilever U.S., Inc. filed…

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