The New Jersey Supreme Court has issued its long-awaited decision on whether a consumer who has not suffered an actual injury can bring claims under the New Jersey Truth in Consumer Contract and Warranty Notice Act (known as “TCCWNA”, pronounced “Tic-wa-na”). The Court unanimously held that it cannot.
[In a unanimous opinion the New Jersey Supreme Court said] sales or delivery contract terms that run afoul of regulations governing furniture delivery (such as “no refunds” language) can be the basis for claims under the TCCWNA. But in order to be considered an “aggrieved consumer,” a plaintiff must show there was actual monetary or other harm in order to become eligible for compensation. “We hold that the inclusion of language prohibited [by regulations] in contracts of sale or sale orders for the delivery of household furniture may alone give rise to a violation of the … TCCWNA,” wrote Justice Anne Patterson for the court. “We further hold that a consumer … who suffers no monetary or other harm … is not … entitled to a remedy under the TCCWNA,” she said.