The Supreme Court has announced that it has accepted the request of the Third Circuit, in two consolidated cases, to answer certified questions about the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq. (“TCCWNA”). The questions presented are “Is a consumer who receives a contract that does not comply with the Delivery of Household Furniture Regulations (Furniture Delivery Regulations), N.J.A.C. 13:45A-5, but has not suffered any adverse consequences from the noncompliance, an ‘aggrieved consumer’ under the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-17; and, does a violation of the Furniture Delivery Regulations alone constitute a violation of a clearly established right or responsibility of the seller under the TCCWNA and thus provide a basis for relief under the TCCWNA?”
The last time that the Supreme Court accepted the Third Circuit’s request to provide illumination about the meaning of the TCCWNA was in Shelton v. Restaurant.com, Inc., 214 N.J. 419 (2013). As discussed here, that decision resulted in a resounding victory for the plaintiffs there. [Disclosure: I argued that case in the Supreme Court, twice, for the successful plaintiffs]. Given the increase in litigation under the TCCWNA since Shelton, the Supreme Court’s decision in these cases is likely to be very important to the future of consumer protection in New Jersey.