The rise of modern technology and an increase of people shopping online is giving new awareness to the Truth-In-Consumer Contract Warranty and Notice Act (TCCWNA). Originally passed in 1982, it allows New Jersey consumers to bring class action lawsuits against retailers who sell consumer products. Though this Act was unnoticed for roughly three decades, now consumer plaintiffs have been able to successfully sue on a class-wide basis under the Act.

For instance, major companies such as Target, Toys “R” Us, Bed Bath & Beyond, and Wal-Mart have seen an increase in class action lawsuits. The reasoning behind the increased number of lawsuits is that the companies’ websites may be in violation of New Jersey law. In addition to these companies, there may be other companies who are also in violation of New Jersey law.

Both Online and Physical Retailers Targeted

The TCCWNA prohibits sellers from including provisions in their Terms of Sale and/or Terms of Use, which would require buyers to waive their rights in order to purchase the products from the retailer’s website. The TCCWNA applies to many written contracts and warranties provided by companies to consumers. Additionally, the TCCWNA applies to retailers who do business online with customers in New Jersey, but the Act does not require the business to have a physical location in New Jersey.

Kohn, Swift & Graf, P.C. is actively investigating claims for class action lawsuits against companies that have Terms of Sale/Terms and Conditions, which may be in violation of the New Jersey TCCWNA. If you or someone you know has been affected by retailers with such provisions, we invite you to contact us for a free consultation.

Class action leaders, Kohn, Swift & Graf, offer a team of experienced attorneys and a competent support staff. You’ll appreciate our careful attention to detail and our commitment to ensuring that consumers get the justice they deserve. KSG handles class actions nationwide.