Tag Archives: damages

Seller Beware: Recent Lawsuits Under N.J. Truth-in-Consumer Contract, Warranty and Notice Act Target E-Commerce Businesses

Online retailers across the United States have one more issue to consider as they prepare for the next sale: a growing number of lawsuits under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) alleging that standard online terms of service agreements on websites violate the New Jersey bar on deceptive notices.

The TCCWNA—N.J.S.A. 56:12-14 et. seq.—was enacted in 1981 to prohibit businesses from using provisions that deceived consumers about their legal rights. The statute provides a private right of action that allows both actual customers and prospective buyers to bring suit against businesses. Businesses that violate the TCCWNA are liable to aggrieved consumers for $100, actual damages, or both, as well as reasonable attorneys’ fees and court costs.

To read the full text of the Alert, please visit www.duanemorris.com.

Freedom of Anonymous Online Speech Has Potential Limits

It is very easy to communicate freely and anonymously on the Internet. And some people believe that if they do not use their real names and easily identifiable information, they can basically say whatever they want online, without needing to worry about the impact that their Internet speech may have on others.

Is this true? Read on, because the answer is not simple.

Continue reading Freedom of Anonymous Online Speech Has Potential Limits