Seller Beware: Class Action Ramifications of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) on Online and Local Sellers

Produced on: December 01, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Advanced

Nationwide retailers, start-ups with websites, as well as mom-and-pop stores in New Jersey all need to be aware of New Jersey’s TCCWNA. On the books since 1981 but long forgotten, this statute has been making a comeback as class action plaintiffs’ attorneys’ use its broadly worded prohibitions to bring suit against companies that sell to New Jersey consumers. The TCCWNA is a consumer protection statute designed to protect consumers from seller misrepresentations about their rights. Not only does the statute have a wide reach and broad wording, but courts have applied it without an underlying consumer injury. This one-hour course, led by attorneys Deborah Renner and Kimberly Kalmanson, breaks down the TCCWNA and addresses liability under the statute.  

Learning Objectives: 

  1. Understand the basics of the statute
  2. Identify common attacks on exculpatory clauses and disclaimers of liability under the TCCWNA

  3. Address the question of whether the TCCWNA is viable in the wake of the Supreme Court’s Spokeo decision

Faculty

Deborah Renner

BakerHostetler

Deborah Renner focuses her practice on complex commercial litigation, including the defense of consumer fraud, data breach, ERISA, and securities class actions. Deborah has successfully defended numerous companies in nationwide, multidistrict and state class actions. She has defeated class certification in courts around the country and has won the dismissal of class claims at the outset of numerous actions. Deborah frequently advises companies on class action defense and regulatory inquiries. Among her areas of knowledge and experience, Deborah is certified in information privacy.

 

Deborah leads BakerHostetler's class action practice in New York and is a founder and former editor of BakerHostetler's Class Action Lawsuit Defense blog. She also serves as the Pro Bono Coordinator for the New York office, and is on the firm's Diversity Committee.

 

Experience

  • Won complete dismissal of data breach class action. Polanco v. Omnicell, Inc., 2013 WL 6823265 (D.N.J. Dec. 26, 2013).
  • Represented amicus on winning side in seminal class action cases in U.S. Supreme Court. Standard Fire v. Knowles, 133 S. Ct. 1345 (2013);Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).
  • Represents broker-dealer in securities class action.
  • Represents company in Civil Investigative Demand by state attorney general regarding data privacy and security practices.
  • Won summary judgment in a putative class action concerning alleged fraud in the pricing of long-term care insurance. Rakes v. Life Investors Ins. Co. of America, 2008 WL 2158717 (N.D. Iowa June 20, 2008), aff'd, 2009 WL 2981976 (8th Cir. Sept. 18, 2009).
  • Won the complete dismissal of a securities fraud class action alleging violations of Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934. Medis Investor Group v. Medis Technologies, Ltd., 586 F.Supp.2d 136 (S.D.N.Y. 2008), aff'd, 2009 WL 2171277 (2d Cir. July 21, 2009).
  • Since 2009, as a lead attorney on the BakerHostetler team that serves as counsel to Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, Deborah managed a team of attorneys in Picard v. JPMorgan Chase, which resolved in two settlements totaling $543 million for the SIPA Trustee and class action plaintiffs and which led to a $1.7 billion forfeiture to the United States Attorney's Office. In addition, Deborah has focused her efforts on enforcing the U.S. Bankruptcy Court's automatic stay and otherwise seeking injunctions to stop class actions and other cases from proceeding. Deborah's reported decisions include: 
    • Picard v. Fox, 429 B.R. 423 (Bankr. S.D.N.Y. 2010), aff'd, In re Madoff, 848 F.Supp.2d 469 (S.D.N.Y. 2012), aff'd, 740 F.3d 81 (2d Cir. 2014).
    • Picard v. Stahl, 443 B.R. 295 (Bankr. S.D.N.Y. 2011), aff'd, In re Bernard L. Madoff Inv. Sec. LLC, 2011 WL 7981599 (S.D.N.Y. Dec. 5, 2011), aff'd, The Lautenberg Found. v. Picard, 512 Fed.Appx. 18 (2d Cir. 2013).
    • Picard v. Maxam Absolute Return Fund, L.P., 460 B.R. 106 (Bankr. S.D.N.Y. 2011), aff'd, 474 B.R. 76 (S.D.N.Y. 2012).
    • In re Bernard L. Madoff, 477 B.R. 351 (Bankr. S.D.N.Y. 2012), aff'd, 2013 WL 551027 (S.D.N.Y. Sept. 30. 2013).

     

    Recognition

    • New York Metro "Super Lawyer"

     

    Memberships

    • American Bar Association, Section of Litigation Class Action and Derivative Suits 
    • International Association of Privacy Professionals 
    • Certified Information Privacy Professional (U.S.)
    • Defense Research Institute, Appellate Advocacy Section

     

    Pro Bono

    • Deborah frequently works with Immigration Equality, helping gay, lesbian, transgendered and HIV positive individuals gain asylum in the United States.
    • She works closely with the Brooklyn Bar Association's Volunteer Lawyers Association, and has served on its Advisory Board.

    Services

    • Appellate and Major Motions
    • Class Action Defense
    • Complex Commercial Litigation

    Prior Positions

    • Fordham University Law School: Adjunct Assistant Professor of Class Action Law (2002 to 2006)

    Admissions

    • U.S. Supreme Court
    • U.S. Court of Appeals, Second Circuit
    • U.S. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Eighth Circuit
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Northern District of New York
    • New York
    • District of Columbia [Inactive]

    Education

    • J.D., Harvard Law School, 1992, cum laude
    • M.A., Princeton University, 1987
    • B.A., The Johns Hopkins University, 1984, with honors

     

Kimberly Kalmanson

Kalmanson Law Office, PLLC

Kimberly Kalmanson is an attorney with a private practice in New York City. Concentrating her practice on business and commercial litigation and transactions, Ms. Kalmanson represents a variety of clients in commercial lawsuits, primarily involving contract, securities, and fraud disputes in both federal and state court, as well as before FINRA and the American Arbitration Association.  

 

Prior to establishing a solo practice, Ms. Kalmanson prosecuted and managed complex securities fraud cases against national and international companies and banking institutions on behalf of institutional investors at Labaton Sucharow LLP. There, Ms. Kalmanson’s primary focus was on residential mortgage-backed securities and the subprime mortgage lending and securitization industries. In addition, Ms. Kalmanson was primarily responsible for, and coordinated and managed multiple bankruptcy claims in a high profile federal bankruptcy. Before joining Labaton Sucharow, Ms. Kalmanson was an associate at Dentons US LLP (formerly, Sonnenschein, Nath and Rosenthal LLP and SNR Denton US LLP) where her practice focused on complex civil litigation, as well as white collar criminal and government investigations work. At Dentons, Ms. Kalmanson represented banks, institutional lenders and insurance companies in a variety of suits arising out of defaulted and distressed assets. Ms. Kalmanson has represented a variety of clients in breach of contract and fraud actions. One notable matter involved obtaining a $76 million summary judgment award on behalf of a European banking group in a suit in in New York federal court against loan guarantors, a judgment that was affirmed on appeal to the U.S. Court of Appeals for the Second Circuit. In addition, Ms. Kalmanson represented an insurance carrier in a suit to adjudicate the obligations of a financial institution managing a reference pool of assets underlying a series of credit swap transactions. Ms. Kalmanson has also represented a variety of institutions and individuals in government and internal investigations.

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