No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed. Consumer means any individual who buys, leases, borrows, or bails any money, property or service which is primarily for personal, family or household purposes. The provisions of this act shall not apply to residential leases or to the sale of real estate, whether improved or not, or to the construction of new homes subject to "The New Home Warranty and Builders' Registration Act," P.L.1977, c. 467 (C. 46:3B-1 et seq.).
Notes of Decisions
Spade v. Select Comfort Corp., 181 A.3d 969 (N.J. 2018).
· cites it 22× “N.J.S.A. 56:12-15. We further hold that a consumer who receives a contract that includes language prohibited by N.”
Cameron v. S. Jersey Pubs, Inc., 213 A.3d 967 (N.J. Super. Ct. App. Div. 2019).
· cites it 7× “creditor, lender or bailee or assignee of any of the aforesaid"; second, that the defendant offered or entered into a "written consumer contract or [gave] or display[ed] any written consumer warranty, notice or sign"; third, that at the time that the written consumer contract is…”
Gregory Bohus v. Restaurant.Com Inc, 784 F.3d 918 (3d Cir. 2015).
· cites it 3× “As to the second count, the Court concluded that the Plaintiffs were not consumers within the meaning of the TCCWNA because the gift certificates they purchased were not “money, property or service[s],” N.J. Stat. Ann. § 56:12-15 , but provided only “a contingent right to a…”
Dehart v. US Bank, N.A. ND, 811 F. Supp. 2d 1038 (D.N.J. 2011).
· cites it 4× “N.J. Stat. Ann. § 56:12-15 . A defendant who violates the TCCWNA can liable for a $100 civil penalty or for plaintiffs actual damages.”
Salvadori v. Option One Mortg. Corp., 420 F. Supp. 2d 349 (D.N.J. 2006).
· cites it 4× “” N.J. Stat. Ann. § 56:12-15 . Therefore, Plaintiff argues that the Arbitration Agreement violates the NJTCCA because, by signing the Agreement, Plaintiff waived his right to have any dispute resolved in a judicial forum and that he waived his right to bring a class action…”
Skypala v. Mortg. Elec. Reg. Sys., Inc., 655 F. Supp. 2d 451 (D.N.J. 2009).
· cites it 2× “N.J. Stat. Ann. § 56:12-15 . A person who violates the TCCWNA is liable for a $100 civil penalty or actual damages, at the election of the consumer.”
Pisack v. B & C Towing, Inc., 188 A.3d 1088 (N.J. Super. Ct. App. Div. 2018).
· cites it 3× “" N.J.S.A. 56:12-15. Its purpose "is to prevent deceptive practices in consumer contracts by prohibiting the use of illegal terms or warranties in consumer contracts.”
Rickenbach v. Wells Fargo Bank, N.A., 635 F. Supp. 2d 389 (D.N.J. 2009).
· cites it 2× “N.J. Stat. Ann. § 56:12-15 . Defendants have not presented argument as to whether the payoff statement violated a "clearly established legal right” of the McTagues and the Court will not, sua sponte, take up this issue now.”
Shelton v. Restaurant.com, Inc., 70 A.3d 544 (N.J. 2013).
“[N.J.S.A 56:12-15.] The TCCWNA also prohibits any provision in a consumer contract requiring a consumer to waive his or her rights under the Act.”
Debra Dugan v. Tgi Fridays, Inc., 135 A.3d 1003 (N.J. Super. Ct. App. Div. 2016).
· cites it 3× “We found that Dugan was a "consumer" as that term is defined in N.J.S.A. 56:12-15. Id. at 18-20. We found that Dugan had alleged TGIF offered her a contract that included a provision which allegedly violated the CFA, and "the affirmative act that may trigger [liability under]…”
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