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.
Identify common attacks on exculpatory clauses and disclaimers of liability under the TCCWNA
Address the question of whether the TCCWNA is viable in the wake of the Supreme Court’s Spokeo decision
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.
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.