There seems to be an increase in the number of reported lawsuits levied by plaintiffs against IHA members alleging that the Terms and Conditions of their online ecommerce websites violate New Jersey’s arcane Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”).
These lawsuits don’t have to prove there has been a loss or damage suffered by the consumer. Your company doesn’t have to be incorporated in the state of New Jersey or be domiciled in the state for this law to impact your exposure to a potential lawsuit. The claim simply asserts a mere technical violation of New Jersey and federal laws and regulations affecting consumer rights. IHA reached out to legal counsel and have obtained sample language that may circumvent a potential lawsuit. This sample language is appropriate for each member company’s Terms and Conditions section of their website.
The sample language reads:
None of this should be construed as legal advice and each of you should seek legal counsel to insure proper protection under the law for your particular situation. If you would like to read further into this issue, the authors of the sample language above, the law firm of Schiff Hardin who is IHA’s preferred law firm on this topic, has prepared some additional material which explains the situation in more detail.
If you would like to seek further legal advice from Schiff Hardin on this topic, you can reach out to either Joe Krasovec at +1-312-258-5639 or Dale Matschullat at +1-312-258-5507 or +1-404-514-4348.