Partner Jeffrey S. Jacobson authored the Law360 article “New Jersey’s TCCWNA: New Year, Same Uncertainty.” The article discusses the marked increase in the pace of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) activity, as we continue to wait on key court rulings on motions to dismiss TCCWNA cases.
Mr. Jacobson summarizes many of the TCCWNA cases currently pending. Basically, TCCWNA precludes businesses from presenting contracts or notices to New Jersey consumers if any provision in those documents violates “clearly established” federal or New Jersey law. Retailers in New Jersey need to be aware that most of the motions to dismiss those cases remain undecided, however, and there are signs that they may remain undecided until the New Jersey Supreme Court and Third Circuit Court of Appeals issue rulings in TCCWNA-related appeals. Those decisions may not come until much later in 2017. In the meantime, the business community learns how easy it is for plaintiffs to sue under this New Jersey law.