Toys R Us, Bed Bath & Beyond Class Actions Filed over Website Terms

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Toys R Us Inc. and Bed Bath & Beyond Inc. are facing separate class action lawsuits that accuse the companies of using online contracts that violate New Jersey law.

According to the online contract class action lawsuits, Toys R Us and Bed Bath & Beyond require consumers who are purchasing merchandise online to agree to terms and conditions that prohibit consumers from seeking damages for injuries caused by allegedly unsafe products.

The plaintiffs assert that Toys R Us and Bed Bath & Beyond violate New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act. They claim that New Jersey law prohibits the type of exculpatory clause contained in the defendants’ Terms of Use.

According to the Toys R Us and Bed Bath & Beyond class action lawsuits, the retailers’ Terms of Use “absolve” the defendants from liability for manufacturing or selling dangerous or substandard products, and prohibits consumers from pursuing damages for injuries allegedly caused by the defendants’ unsafe products.

Further, the retailers’ Terms of Use seem to absolve the defendants from their responsibility to avoid creating an “unreasonable risk of harm” and protecting consumers against unlawful acts of third parties, according to the online contract class action lawsuits. The plaintiffs claim that these types of exculpatory clauses violate New Jersey’s consumer protection laws.

Plaintiff Christina Roldan seeks to represent a Class of all consumers “to whom were offered, given, displayed or entered into the Terms and Conditions on Defendant’s websites, www.toysrusinc.com, www.toysrus.com, www.babiesrus.com or www.babiesrusinc.com during the applicable statute of limitations through the date of final judgment in this action.”

Plaintiff Edward Sweeney seeks to represent a similar Class of consumers who were offered or entered into the Terms and Conditions on www.bedbathandbeyond.com.

Both of the plaintiffs are seeking Class certification of their respective class action lawsuits, payment of at least $100 for all eligible Class Members, an order requiring the defendants’ to remove the allegedly unlawful language from their Terms and Conditions, attorneys’ fees and other relief deemed appropriate by the court.

These New Jersey consumer protection class action lawsuits are just the latest to take issue with companies’ exculpatory clauses in the state. In November, a judge granted Class certification to a class action lawsuit that accuses Public Storage of containing exculpatory clauses in its lease agreements that violate New Jersey law.

The plaintiffs in both New Jersey consumer protection class action lawsuits are represented by Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates and Avi Naveh.

The Toys R Us Terms and Conditions Class Action Lawsuit is Christina Roldan v. Toys R Us Inc., Case No. 2:16-cv-01929 in the U.S. District Court for the District of New Jersey.

The Bed Bath & Beyond Terms and Conditions Class Action Lawsuit is Edward Sweeney v. Bed Bath & Beyond Inc., Case No. 2:16-cv-01927, in the U.S. District Court for the District of New Jersey.

UPDATE: On July 8, 2016, the plaintiff suing Bed Bath & Beyond asked the court not to dismiss his claim, arguing that a recent Supreme Court decision plainly supports his standing to sue.