Supreme Court of New Jersey

David Spade and Katina Spade, H/w

April 16, 2018232 N.J. 504

Summary

The New Jersey Supreme Court held that a violation of the Furniture Delivery Regulations—specifically the inclusion of language prohibited by N.J.A.C. 13:45A-5.3(c)—alone constitutes a violation of a clearly established legal right or responsibility under the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), and that a consumer who suffers no adverse consequence from such a violation is not an "aggrieved consumer" entitled to relief under the TCCWNA. The Court affirmed the district court's dismissal of the class actions.