J. Crew Class Action Alleges Website Terms Illegal

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A class action lawsuit was filed against clothing chain J. Crew Group Inc. over allegedly illegal provisions in its website’s terms and conditions.

Lead plaintiff Fruma Rubin alleges that jcrew.com contains illegal provisions that violates the state of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act.

The plaintiff says she has personally made purchases on the J. Crew website over the past six years. According to the complaint, during that time, J. Crew “blatantly obscures” the effects of its disclaimers on residents of all jurisdictions.

According to the class action lawsuit, J. Crew’s website contains a general terms and conditions segment that violates the Truth-in-Consumer Contract, Warranty and Notice Act, specifically, by attempting to limit the clothing retailer’s liability for use of the website.

The plaintiff argues that the Truth-in-Consumer Contract, Warranty and Notice 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.”

However, the plaintiff alleges the general terms and conditions in the J. Crew website, attempt to do just that; absolve J. Crew of any liability related to use of their website. The plaintiff argues that J. Crew should have noted that the general terms and conditions it noted on its website do not apply to certain states with laws like New Jersey, but the clothing retailer did not.

According to the class action, under the Truth-in-Consumer Contract, Warranty and Notice Act, J. Crew is subject to a $100 penalty for each violation of the act. The plaintiff is seeking to represent a Class of New Jersey consumers who were “offered, given, displayed or entered into the Terms and Conditions on Defendant’s www.jcrew.com website, during the applicable statute of limitations.”

Along with the $100 penalty per alleged violation of the Truth-in-Consumer Contract, Warranty and Notice Act, the plaintiff is seeking a jury trial, injunctive relief, and a judgment against J. Crew. The plaintiff argues that a class action is the best method to resolve the allegations against J. Crew because “[t]he members of the Class are generally unsophisticated individuals, whose rights will not be vindicated in the absence of a Class Action.”

Additionally, “A Class Action will permit a large number of similarly situated persons to prosecute their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would engender,” argued the plaintiff in her complaint.

Rubin is represented by attorney Fred M. Zemel of The Zemel Law Firm.

The J. Crew Website Class Action Lawsuit is Rubin v. J. Crew Group, Inc., Case No. 3:16-CV-02167-FLW-LHG, in the U.S. District Court for the District of New Jersey.