Where’s The Harm? NJ Justices Offer Consumer Law Insights

On April 16, 2018, the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, or TCCWNA. The court’s unanimous decision in David Spade v. Select Comfort Corp. will undoubtedly cause plaintiffs to think twice before pursuing TCCWNA claims based on standard terms of service, where individuals merely complain about the inclusion or omission of certain language in a seller’s terms and conditions and are unable to prove actual harm suffered as a result of the purportedly offending language.

While this highly anticipated ruling strikes yet another blow to the TCCWNA’s expansive reach, it remains to be seen whether plaintiffs lawyers will brainstorm new and innovative ways to argue actual harm suffered.

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