Tamara Burns  |  April 29, 2016

Category: Consumer News

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Saks-Fifth-AvenueA proposed class action lawsuit has been filed by a New Jersey resident against Saks Direct alleging that the terms and conditions on the high end retail store’s websites include illegal provisions that violate consumer protection laws.

Plaintiff Fay Rubin filed the lawsuit last week alleging that the terms and conditions displayed on www.saksfifthavenue.com and www.saksofffifth.com websites violate the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, otherwise known as the TCCWNA.

“The Act was codified in 1981 and designed to address the inclusion of provisions in consumer contracts, warranties, notices, and signs that violate consumer rights,” the lawsuit states. “The Act was specifically designed to prevent a defendant from absolving itself of liability and limiting the rights of consumers in seeking redress for damages incurred.”

Rubin alleges she made a number of purchases on www.saksfifthavenue.com for personal, family and household purposes. She also claims that the www.saksofffifth.com has similar terms and conditions sections.

“Within these terms and conditions, Defendant blatantly obscures the effects of its disclaimers on residents of all jurisdictions.” The lawsuit continues to say, “By obscuring their effect on New Jersey residents however, Defendant has violated the TCCWNA.”

“Defendants terms and conditions state that certain liability provisions may be void and unenforceable or inapplicable in some jurisdictions, yet, Defendants terms and conditions do not specify which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey,” the claim reads.

In her proposed class action lawsuit, Rubin is requesting Class certification for a group of New Jersey consumers who “were offered, given, displayed or entered into the Terms and Conditions on Defendant’s www.saksfifthavenue.com and www.saksofffifth.com website” during the eligible class period that includes the applicable statute of limitations through the date of final judgment in the action.

On behalf of herself and others similarly situated, Rubin is seeking injunctive relief, attorneys’ fees and costs, and a judgment of a minimum of $100 per violation for each eligible Class Member.

The lawsuit claims, “Contracts, warranties, notices, and signs that violate the TCCWNA, subject the violator to a penalty not less than $100, and allow for the consumer to petition a court to terminate said contract.”

A similar proposed class action lawsuit was recently launched against Burlington Coat Factory this month.

The plaintiff in the Burlington proposed class action lawsuit was also a New Jersey resident who alleged the store violated the TCCWNA. The lawsuit claimed that Burlington violated the act by claiming it was not legally responsible that for any harm that could potentially befall customers from their website use, which included things like fraud or hacking attempts while customers visited the website.

The TCCWNA does not require consumers to prove that they suffered from actual harm from a company’s alleged violation of the statute.

The plaintiff is represented by Fred M. Zemel of The Zemel Law Firm.

The Saks Website Terms Class Action Lawsuit is Fay Rubin v. Saks Direct Inc., Case No. 3:16-CV-02197-PGS-LHG, in the U.S. District Court for the District of New Jersey.

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