Class Action Advisory: New Jersey Truth-In-Consumer Contract Warranty and Notice Act

Beginning in early 2016, courts throughout the country have seen a trend of class action lawsuits brought under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (the “TCCWNA”).  Liability under the TCCWNA is premised upon entering into, giving or displaying a contract, warranty, notice or sign “which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law.”  In addition to prohibiting invalid and unenforceable provisions, the statute bars the use of catch-all invalidity provisions, which state generally that some provisions of the contract, notice, or sign may be void, inapplicable, or unenforceable.  Considering the broad statutory language, many agreements commonly used by covered entities are rendered unlawful by this statute.  It is advisable for such entities to have their website(s), consumer agreements and website terms of use reviewed for TCCWNA compliance, and in the meantime consider screening New Jersey consumers from all marketing, sales, loans or collections.