In the thick of a torrent of litigation, mostly class actions, premised upon purportedly unlawful contractual provisions under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) – a statute that permits “no-injury” claims – the District of New Jersey has reaffirmed a bright-line rule concerning this law: Omissions don’t trigger liability.
In Matijakovich v. P.C. Richard & Son, Matijakovich purchased a washing machine from P.C. Richard & Son. The written contract documenting the purchase did not, according to Matijakovich, include mandatory “language disclosing a seller’s obligations in case of the delayed delivery of furniture.” Matijakovich therefore brought a putative TCCWNA class action on behalf of himself and anyone else who purchased appliances and furniture from the same P.C. Richard & Son branch, seeking a $100 penalty for every putative class member who entered into such an agreement.