A NJBiz.com report discusses the New Jersey Supreme Court’s Spade/Wegner ruling which held that consumers filing suit under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) must suffer some adverse consequence in order to recover the statutorily prescribed $100 penalty. Noting that the decision accepted an argument advanced in an amicus curiae brief argued by McCarter on behalf of the New Jersey Business and Industry Association, the report quotes partner Ed Fanning on the ruling’s significance: “This puts a final nail in the coffin of these ridiculous no injury TCCWNA cases,” Ed explained. “It puts some common sense limits on the statute. You’re not going to have opportunistic lawyers or consumers trying to take advantage of it.”
Click to read “Court: Consumer Must Suffer Harm in TCCWNA Cases” article.