Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”)

What does that mean?

Well, it means that if a written agreement contains a provision or clause that violates New Jersey or Federal law, then it is a violation of TCCWNA. What happens if TCCWNA is violated?

The violator is liable to the “aggrieved consumer for a civil penalty of not less than $100.00 or for actual damages, or both at the election of the consumer, together with reasonable attorney’s fees and court costs.” N.J.S.A. 56:12–17.

100 bucks doesn’t sound like much but if a company has 10,000 form contracts, warranties, notices that violate TCCWNA – that $100 per violation adds up to a lot. TCCWNA thus only has real teeth if the case is brought as a class action.

Unfortunately, the New Jersey Supreme Court has decided to gut TCCWNA by reading into the statute (i.e. making it up) that a plaintiff only has standing to bring a claim if they were actually injured in some respect. Huh? Isn’t the statute designed to protect consumer from entering into agreements that violate state and federal law – isn’t that injury enough? Nope, the unelected New Jersey Supreme Court has decided to legislate from the bench and make TCCWNA a practically toothless law. How many teeth remain is yet to be seen.