NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTIONS

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INTRODUCTION

This page provides answers to frequently asked questions about the New Jersey Truth In Consumer Contract, Warranty and Notice Act – a State law regulating the language of consumer contracts, warranties and notices and providing certain remedies to those receiving and suffering harm from illegal consumer contracts, warranties and notices.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #1

WHAT IS THE PURPOSE OF THE ACT?

The New Jersey Truth In Consumer Contract, Warranty and Notice Act makes it illegal for sellers of consumer products to provide consumers with contracts, warranties and notices that violate New Jersey or Federal law and to cause the consumers to suffer harm involving those contracts, warranties and notices.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #2

TO WHICH CONTRACTS, WARARNTIES AND NOTICES DOES THE ACT APPLY?

The Act applies to contracts, warranties and notices that individuals buying, leasing, borrowing or bailing any money, property or service which is primarily for personal, family or household purposes receive from or are shown by the seller, lessor, creditor, lender or bailee of that money, property or service a contract, warranty, notice or sign.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #3

WHEN DOESN’T THE ACT APPLY?

The New Jersey Truth In Consumer Contract, Warranty and Notice Act doesn’t apply to all contracts, warranties, notices or signs. Instead, the Act does not apply to:

  • the purchase of goods or services for commercial purposes;
    residential leases;
  • real estate sales of improved or unimproved land; or
  • the construction of new homes subject to the New Home Warranty and Builders’ Registration Act.

It is possible that TCCWNA also doesn’t apply to sales receipts or the charging of sales tax.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #4

HOW DOES A CONSUMER PROVE A VIOLATION OF THE ACT?

To prove a claim under the Act, consumers must prove the following:

  • they are individuals buying, leasing, borrowing or bailing;
  • any money, property or service;
  • from a seller, lessor, creditor, lender or bailee;
  • when the money, property or service is primarily for personal, family or household purposes;
  • and the consumers receive from or are shown by that seller, lessor, creditor, lender or bailee;
  • a written consumer contract, warranty, notice, or sign;
  • which includes a provision that violates any clearly established legal right of a consumer or responsibility of the seller, lessor, creditor, lender or bailee; or
  • which contains any provision by which the consumer waives their rights under the Act; or
  • if the item given or show is not a warranty, which states that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey; and
  • suffering harm as a result of receiving or being shown the contract, warranty, notice or sign.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #5

UNDER THE ACT, HOW DOES A CONSUMER PROVE THAT THEY WERE HARMED?

For a consumer to show that they suffered harm as a result of receiving the contract, warranty or notice, they may but do not have to show that they lost any money or property whatsoever. The consumer will likely be able to prove that, as a result of receiving the contract, warranty or notice, they suffered a sufficient harm if they are a person:

  • Whose legal rights are invaded by an act complained of.
  • Whose pecuniary interest is directly affected by a degree or judgment.
  • Suffering loss or injury of some kind
  • Injuriously affected.
  • Having a grievance or cause of grief.
  • Grieving or feeling grief or aggravated
  • Troubled or distressed in spirit
  • Showing grief, injury or offense.
  • Suffering from an infringement or denial of legal rights.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #6

WHAT REMEDIES ARE AVAILABLE TO CONSUMERS UNDER THE ACT?

For each violation of the Act, the consumer may bring a claim against the offending seller, lessor, creditor, lender or bailee for the following relief:

  • a civil penalty of not less than $100.00 or for actual damages, or both at the election of the consumer;
  • reasonable attorney’s fees
  • reasonable court costs;
  • the right to ask the court to terminate a contract violating N.J.S.A. 56:12-15 of the Act; and
  • a request that the court (in its sole discretion) void the contract.

NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT FREQUENTLY ASKED QUESTION #7

WHAT ARE SOME EXAMPLES OF SUCCESSFUL CLAIMS BROUGHT UNDER THE ACT?

The following are examples of successful or possible cases brought by consumers under the Act:

  • Improper bills issued by towing business for non-consensual towing of vehicles.
  • Car dealer’s sales contract contained a registration fee without explaining that a documentary service fee was included as part of the fee.
  • Certificates sold by Restaurant.com allegedly violated the New Jersey Gift Certificate Statute.
    A vehicle extended service contract purchaser claimed that the contract’s arbitration provision violated the Act because it prevented the consumer from recovering attorney’s fees and treble damages under the New Jersey
  • Consumer Fraud Act.
  • Casino rewards program parking voucher supposedly claiming to give rewards member “unlimited free parking” for a month but the casino charged the member to park at the casino.

TO LEARN MORE, GET A NO OBLIGATION CONSULT

Call Perlman DePetris Consumer Law for a no obligation phone consultation. Handling your case wrong from the beginning may only cost you more money and time in the end!! Try to do it right the first time by seeking legal advice from a competent lawyer! You might be entitled to be represented on a contingent basis, meaning that the attorney won’t get paid unless the case is successful and that the lawyer gets paid from your recovery instead of requiring you to pay attorney’s fees out of your own pocket up front. Other cases can be handled for a relatively small one-time payment of an up-front fixed attorney’s fee and with a contingent fee at the end of the case. Filing a claim yourself is very risky, since businesses often hire experienced defense attorneys to fight your case. Also, if you try to negotiate a settlement yourself, you may get less money than you deserve. You should always speak with an attorney before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! Even if the facts of your case do not fit the requirements of a Lemon Law, you may be entitled to sue the manufacturer or its selling dealer for a breach of your warranties under other state and federal laws.  If the manufacturer or selling dealer breached the warranties that came with your vehicle, you may be able to recover money damages, attorney’s fees and court costs.

DISCLAIMER

While this page gives some general background information, there is the danger that relying on this information alone could lead you to lose your claim. Laws and regulations frequently change and the law may have changed since the posting of this webpage. Factual differences between your case and cases described on this webpage can affect your chance of success. Don’t attempt to rely on the internet as the only source of information for your claim! Instead, get competent legal advice from a New Jersey licensed attorney. Call Perlman DePetris Consumer Law for a no obligation phone consultation.