Burlington Coat Factory Class Action Targets Website’s Terms

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Burlington Coat Factory faces a proposed class action lawsuit in New Jersey federal court alleging its website’s “Terms of Use” improperly attempts to free the company of any responsibility for the products they sell or from any danger encountered while using the website.

Plaintiff Annette Martinez filed the Burlington class action lawsuit, accusing the company of violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) by illegally placing conditions on consumer who visit the store’s website or purchase products from the store online.

New Jersey’s TCCWNA statute does not require that plaintiffs show they suffered harm by a company’s alleged violation in order to bring a lawsuit. Martinez says Burlington violated the TCCWNA by claiming it held no legal responsibility for potential harm that consumers could suffer by using the website, such as fraud or hacking, and that it also held no legal responsibility for the sale of potentially dangerous or poor quality products.

“These provisions purport to bar plaintiffs from asserting any cause of action against defendant for its negligence or failure to exercise a basic standard of care in its dealings with consumers and/or prospective consumers,” the complaint reads. “Likewise, the provisions purport to absolve defendant of its legal responsibility to exercise reasonable care and avoid creating an unreasonable risk of harm to consumers.”

According to the complaint, the New Jersey consumer protection law specifically prohibits the type of exculpatory clause that Burlington includes in its TOU. The exculpatory provision that Burlington includes in the TOU language is to hold the company harmless for any losses incurred by consumers, unless the loss is directly caused by fraud or willful conduct on the part of the company.

By Burlington’s attempt at disclaiming all liability, Martinez alleges this behavior is improper, because “they undermine one purpose of tort law, which is to deter careless behavior by a party in the best position to prevent injuries in the first place.”

Martinez further alleges that Burlington’s Terms of Use also leads consumers to believe that they are “inappropriately barred and/or limited in seeking damages for injuries occurring from Defendant’s safe products.”

The plaintiff seeks to represent a Class of “All consumers to whom were offered, given, displayed or entered into the ‘Terms of Use’ on Defendant’s website, www.burlingtoncoatfactory.com, during the applicable statute of limitations through the date of final judgment in this action.” Under state law, this would include the previous six years under the consumer act’s statute of limitations.

Martinez brings forth two counts of violations of the TCCWNA and seeks a minimum award of $100 per each violation to future Class Members. The lawsuit asks the Court to require Burlington terminate the allegedly improper language contained in its website TOU.

The plaintiffs are represented by Ari Naveh and by Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.

The Burlington Coat Factory Terms of Use Class Action Lawsuit is Martinez v. Burlington Stores Inc., Case No. 1:16-cv-02064, in the U.S. District Court for the District of New Jersey.