Bill > S1578

Introduced Session

This bill amends the "Truth-in-Consumer Contract, Warranty and Notice Act," (TCCWNA) P.L.1981, c.454 (C.56:12-14 et seq.), by requiring aggrieved consumers to have suffered an ascertainable economic loss in order to commence a class-action lawsuit for violation of the TCCWNA. The bill further provides that a consumer who suffers an economic loss of $250 or less as a result of a violation of the TCCWNA must first request reimbursement for the loss prior to the commencement of a legal action. Pursuant to this bill, a request for reimbursement for an economic loss must be made in writing and sent via certified mail, return receipt requested, and by regular mail. The bill provides that no action shall be filed until the 35th day following the mailing of the request for reimbursement. In addition, an action brought pursuant to the TCCWNA that is first asserted by a consumer as a counterclaim shall satisfy the reimbursement request requirement if the consumer asserts in the pleading the nature of the counterclaim and the economic loss in the amount of $250 or less. A party who has been served with the counterclaim pleading, and who disputes the economic loss stated therein, may choose to tender the full amount of the claimed loss to the court or to the attorney for either party to be held in escrow pending the outcome of the case. Should that party choose to do so, attorney's fees shall not be awarded if the consumer's counterclaim prevails. A consumer whose economic loss exceeds $250 may take legal action under the TCCWNA without first requesting reimbursement.

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Jim Beach (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 02/13/2020)

Official Document