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Time to Review Your Online Terms & Conditions

November 1st, 2016
Terms & Conditions

The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) sets out guidelines to protect the rights of consumers in NJ. Every business owner should be sure that their practices are in compliance with this complex law and it is best to consult with an experienced business consulting attorney who can review whether you may be in violation of the TCCWNA.

One particular provision of the TCCWNA specifically states that no company that sells goods should “in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign … which includes any provision that violates any clearly established legal right of a consumer.” This provision has recently been the basis for a number of class action lawsuits against retailers in New Jersey by consumers claiming non-compliance with this provision. If a company is found to have violated the law, it can be subject to a $100 fine per violation and can also be liable for any losses incurred by the consumer.

Most of these lawsuits claim that the terms and conditions of retailer websites violate the rights of consumers. Different provisions in your terms and conditions may violate the law without you even knowing. For example, absolving yourself of certain legal liability can go against consumer rights.

Prevent a Lawsuit Against Your Business

In order to avoid any legal action against your company, you should carefully review all of the fine print of the terms and conditions on your website or in any contracts. It can be challenging to identify possible violations, so you should have a skilled business attorney review your terms and conditions to identify any possible issues. Your lawyer can then help you to modify or draft new terms and conditions that can protect you from legal liability. This is only one example of why it is important to have an attorney advising your business and drafting documents to help you avoid legal problems in the future.

Call 732 238-8686 today for more information.

The law firm of Bowne Barry & Barry provides high quality legal business consulting in New Jersey. We can review your existing documents, contracts, and website disclaimers and can help you draft provisions from scratch, if needed. We offer help with a wide range of business-related legal matters, so please contact our office to learn more today.