Can Be Sued Over Coupons' Time Limits, 3d Cir. Says

, New Jersey Law Journal


She added that online transactions are covered by the 2001 Uniform Electronic Transaction Act. “The transaction has all the basic features of a contract: offer, acceptance, consideration, and performance by both parties,” she said.

Cuff said the TCCWNA, enacted in 1982, was part of an area of law that was being “treated aggressively” by the Legislature. She noted Gov. Brendan Byrne’s signing statement that the TCCWNA was meant to “strengthen the provisions” of the CFA.

“In other words, the proposed legislation did not recognize any new consumer rights but merely imposed an obligation on sellers to acknowledge clearly established consumer rights and provided remedies for posting or inserting provisions contrary to law,” she said.

The TCCWNA’s legislative history also shows it was not intended to mirror the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, which applies only to tangible property, Cuff said.

In its Nov. 4 ruling, the Third Circuit agreed. Federal courts “are required to apply state substantive law to diversity actions,” U.S. Circuit Judge Joseph Greenaway Jr. wrote, citing the seminal case of Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).’s lawyer, Michael McDonald, of Gibbons in Newark, did not return a telephone call seeking comment.

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