Category Archives: Consumer Protection

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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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What Impact Does Spokeo Have on TCCWNA?

The U.S. Supreme Court’s recent decision in Spokeo, Inc. v. Robins has, rightfully, attracted much attention in the world of class action litigation. The court reaffirmed that plaintiffs must possess Article III standing to bring suit in federal courts, clarifying that plaintiffs must allege a concrete injury as opposed to a mere statutory/procedural violation by a defendant. Defendants will rely on the decision to argue that plaintiffs are not able to allege or show any concrete injury with respect to many of the statutory based…

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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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Can A Company Prevent Litigation Through Forced Arbitration?

This intriguing question has recently cropped up in response to a bold effort on the part of corporate food giant, General Mills, to bind consumers to an arbitration agreement if the consumer, for example, downloaded a coupon from the company’s website, entered a company sweepstakes, or interacted with the company in certain other ways. On April 2, 2014, General Mills added new legal terms to its website which required consumer disputes related to the purchase or use of any General Mills product or service…

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