Tag Archives: TCCWNA

US Supreme Court in Washington DC in bright sunlight

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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TCCWNA – Will it Apply to Omissions too?

Recently the NJ Supreme Court issued a highly anticipated opinion on the Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”).  See  Shelton v. Restaurant.com, 2013 NJ Lexis 726.  TCCWNA was passed in 1982, but was largely untouched until the mid-2000s, and now serves as a mechanism through which class actions are often filed against businesses that are alleged to have violated “clearly established” consumer rights.  The Shelton holding provided some long-awaited clarification of a broadly interpreted statute; however, it also created more questions…

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