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.
When I first started working on legal issues relating to electronic data, we were back in the dark ages of the 1980s. This was well before Bill Clinton talked about the coming “information superhighway” when he was running for president in the early 1990s. We were living in a world where document production in legal cases meant the production of actual hard copy pieces of paper and nothing else. There was no “e” when it came to “discovery.”
As we all know, the technological communications age started to grow exponentially in the late 1990s and early 2000s. During this time, people began communicating more and more by email, cell phones, Internet chats, and website postings.
Continue reading Internet Law Is All Grown Up
Duane Morris partner Eric Sinrod will moderate a panel on “Data Portability” at the 10th Annual Standford E-Commerce Best Practices Conference on Friday, June 28, 2013, at Stanford Law School.
The Stanford E-Commerce Best Practices Conference is the premier educational event for in-house counsel and practitioners in the e-commerce industry. Leading insiders from industry, legal practice and academia will address current issues facing the industry and offer practical solutions for dealing with the many legal uncertainties that arise when doing business online. The program will feature a roundtable of general counsel from leading e-commerce companies and will provide perspectives on a wide-range of current topics.
Click here to learn more.