McCarter partner Edward Fanning, who represents amicus curiae the New Jersey Business & Industry Association, noted that upholding the ascertainable loss standard suggests the court had the public policy of the relevant statute (the Truth-in-Consumer Contract, Warranty and Notice Act, or TCCWNA) in mind, which is to protect consumers but deter litigants simply wanting to lodge a “gotcha” claim at the expense of corporations in order to reap a windfall. “When you read the opinion in its entirety, you see that these types of ‘no injury’ cases are disfavored,” Fanning said.
10.20.2017