May 11, 2018
Partner Jeff Jacobson
was quoted in the New Jersey Law Journal
article, “NJ Consumer Litigation Bloodied But Unbowed After Justices' ‘Actual Harm' Mandate”. The article examines the New Jersey Supreme Court decisions in Spade v. Select Comfort
and Wenger v. Bob’s Discount Furniture
that actual harm is necessary to sue under the Truth in Consumer Contract, Warranty and Notice Act.
“It’s unclear what will come of the court’s holding that cognizable harm is not limited to injuries compensable by monetary damages. This might include, someone who received a late delivery and was dissuaded from seeking a refund because an unlawful provision told her she could not do so,” said Jacobson. “Such claims, however, would tend to be highly individualized and would not lend themselves to class action treatment.”