- July 7, 2016 | Authors: David Jay; Jason Kislin; Paige Nestel
- Law Firm: Greenberg Traurig, LLP - Florham Park Office
- Although New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) was enacted over 30 years ago, there has been a dramatic spike in the statute’s popularity amongst plaintiff’s attorneys in recent months - leading to dozens of lawsuits, class actions, and threats of lawsuits against online retailers of every ilk.
Importantly, because TCCWNA provides for statutory damages in the amount of $100 per violation, online retailers - particularly those with thousands of New Jersey customers - are facing significant potential class action exposure. The good news for online retailers is that TCCWNA is a unique New Jersey statute, so potential liability should be limited to only New Jersey consumers - but that may be little consolation for companies with large internet sales that are blindsided with multimillion dollar claims for multiple violations on behalf of large classes of New Jersey consumers.