Jeff Jacobson Quoted by Law360 on NJ Supreme Court’s TCCWNA Ruling
April 27, 2018
Partner Jeff Jacobson was quoted in the Law360 article “Consumer Harm Ruling May Hobble NJ Contract Class Actions.” The article examines the New Jersey Supreme Court’s April ruling that a plaintiff suing for a violation of the state’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA) must show that they endured actual harm to bring a claim.
Jeff represented the New Jersey Civil Justice Institute as a defendant-side amicus in two TCCWNA cases and noted that the ruling drove a stake into the many class actions alleging claims under the statute — an issue he further addressed in the Ad Law Access article “NJ Supreme Court Disapproves Class Certification In Landmark TCCWNA Case.”
Still, Jeff noted that TCCWNA claims could take a new form in the wake of the ruling — actions can brought by the state attorney general, which doesn’t have to meet the “aggrieved consumer” standard. The attorney general can pursue “remedies under TCCWNA, potentially including the voiding of contracts, if contracts contain provisions at odds with regulations,” Jeff said.
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