Author Archives: Thomas O'Grady

Proposed Bill Would Void Contract Clauses Waiving CFA Claims

On March 5, 2011, the Consumers Affairs Committee of the NJ Assembly approved a Bill (2205) that would invalidate any provision in a consumer contract that contains a waiver of the consumer’s right to sue under the NJ Consumer Fraud Act (“CFA”) or Used Car Lemon Law (N.J.S.A. 56:8-67).  The Bill expands N.J.S.A. 56:12-16, which currently prohibits clauses waiving a consumer’s right to relief under the NJ Truth-in-Consumer Contract Notice and Warranty Act (“TCCNWA”).   Notably, should the Bill become law, a seller utilizing a consumer…

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Merchants Beware: Heed this Warning Before Printing Receipts

In a decision impacting all merchants and retailers, the US Court of Appeals for the Third Circuit recently held that printing any portion of the expiration date of a customer’s credit or debit card on an electronically printed customer receipt constituted a violation of the Fair and Accurate Credit Transaction Act (FACTA).  Although the retailer in Long v. Tommy Hilfiger U.S.A. escaped liability because it was not in “willful” violation of the Act, this decision arguably sets the stage for a more stringent interpretation of…

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