If you own or advise a business in New Jersey, you undoubtedly spend a lot of time wondering what in the world the folks down in Trenton were thinking when they enacted some of our state’s business regulations. We have heard this concern a lot lately as the number of Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) lawsuits filed against New Jersey businesses has exploded.
This poorly drafted and misused law was passed by a well-intended legislature back in the 80s, but lawsuits filed under it have suddenly become one of the biggest threats facing businesses. If something is not done, there is no telling how many billions of dollars it will cost businesses in our state.
On Tuesday, October 11, 2016, the New Jersey Civil Justice Institute and the Morris County Chamber of Commerce are co-hosting a half-day conference to talk about TCCWNA and explore how it and other well-intended state laws end up causing unnecessary litigation.
Once laws affecting business are voted on and signed into law, what happens next? Joining us for a discussion on the intended and unintended consequences of legislation are two key members of our state legislature, Assemblymen Gary S. Schaer (D-Bergen, Passaic) and Jay Webber (R-Morris, Essex, Passaic).
As the chairman of the powerful Budget Committee and a member of the leadership team, Schaer is one of the most influential members of our state legislature. Deciding what policies and programs are funded, and how much they get, is a job that Schaer takes very seriously.
Webber, who has served in the Assembly since 2008, is also a practicing attorney who focuses on business and employment law. He has emerged as one of the legislature’s leading critics of policies that will impede our state’s economic growth, particularly in the area of employment law.
Both of these men are thoughtful and pragmatic policy-makers with a good sense of how laws will work outside of the State House, so we look forward to having a spirited discussion with them about the ways Trenton regulates business and the perceived disconnect between Trenton and those working in the business and legal communities.
For the past few years, the New Jersey Civil Justice Institute has been raising concerns about the unique danger New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) poses to our state’s businesses. Unfortunately, it seems members of the plaintiffs’ bar are the only ones listening. Attorneys are filing an increasing number of TCCWNA-based class actions against companies doing business in New Jersey.
If the litigation were actually fighting consumer fraud, we would have little to say about it, but in fact, it is little more than a court-sanctioned shakedown scheme. Therefore, the New Jersey Civil Justice Institute is leading the effort to reform this law and refocus our state’s consumer protection efforts on actual fraud.
During this panel, which is being sponsored by McCarter & English and moderated by Edward Fanning, we will provide an update on our reform efforts, explore how this statute has produced such an explosion of litigation, and discuss practical steps businesses can take to attempt to shield themselves from TCCWNA litigation.
Panelists will include Zane Riester, McCarter & English LLP; Gavin Rooney, Lowenstein Sandler LLP; Jeff Jacobson, Kelly Drye & Warren LLP; and Joseph J. DePalma, Lite DePalma Greenberg.
Following the morning panels, we will break for a luncheon sponsored by Drinker Biddle & Reath LLP, and hear remarks from Ambassador Phil Murphy. Murphy, a Democrat, is the only candidate who has declared he is running for Governor of New Jersey in 2017. He will talk about why he is running, and explain his plans to help New Jersey’s economy.
Register Today
If you own or advise a business in New Jersey, we hope that you will join us at the Hanover Marriott in Whippany on October 11. The cost to attend, which includes breakfast, lunch, program materials, and CLE credits for attorneys, is $75 for NJCJI members and $125 for non-members.
We are seeking 3 hours of CLE credit from the Board on Continuing Legal Education of the Supreme Court of New Jersey for this program.
