Mikasa Class Action Says Website’s ‘Terms of Use’ Illegal

A proposed class action lawsuit filed against the parent company of Mikasa claims the company’s website terms are unlawful and violate New Jersey consumer protection laws.

Lead plaintiff Nicole Murray of New Jersey claims that Lifetime Brands’ website mikasa.com contains a “Terms of Use” consumer contract that purports to “impose illegal, exculpatory and other such provisions upon all users of its website and purports to nullify certain legal duties and responsibilities Defendant owes its consumers and prospective consumers.”

Specifically, the complaint alleges that Lifetime Brands is in violation of certain statutory and common law standards as well as New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) by imposing the alleged “unfair, one-sided provisions in its Terms of Use.”

The 28-page lawsuit states that the retailer’s Terms of Use denotes that it’s not liable for any consumer claim arising out the use of its website, including liability for defective and unsafe products and even third-party criminal hackers.

Essentially, if a consumer purchases dinnerware and related household products from Mikasa’s website they are allegedly required to agree to the “Terms of Use” contract which bars them from bringing claims for injury.

Additionally, the website prevents consumers from seeking punitive damages in the event of an injury and limits the time period in which they can pursue claims, the complaint states.

“Plaintiff and Class Members, upon purchase of goods and/or services from Defendant’s website, were purportedly forced to forego virtually any claim under tort or negligence arising from their use of the website and from their purchases of goods and services from the website.”

Murray, who purchased four fruit bowls through Mikasa’s website that did not meet her quality expectations, alleges that by requiring customers to agree to their “Terms of Use” contract, Lifetime Brands aims to circumvent its responsibility to customers, fails to protect them from potential illegal actions and deprives customers from their legal rights.

According to the lawsuit, attorneys for Murray previously notified Lifetime Brands of the violations reportedly contained on Mikasa’s website via a letter dated July 7, 2016.

Since that date, Lifetime Brands has purported to make certain changes in some of the language of its “Terms of Use” in order to address the alleged violation.

Still, according to Murray, Lifetime Brands continues to disclaim liability, among other things for any “economic losses and/or corruption of data” arising out of the use of their website.

Murray seeks to certify a proposed Class on behalf of New Jersey residents who were exposed to the “Terms of Use” on Lifetime Brands’ Mikasa website (www.mikasa.com) during the applicable statute of limitations up to and including May 23, 2016.

The Mikasa class action lawsuit seeks damages of at least $100 for each violation of the TCCWNA, an order to remove the “Limitations to Liability” and “Indemnification” provisions of the “Terms of Use” from Mikasa’s website along with attorneys’ fees and costs.

The plaintiff is represented by Gerald H. Clark and Mark W. Morris of Clark Law Firm PC; and Scott J. Ferrell and Victoria Knowles of Newport Trial Group.

The Mikasa Terms of Use Class Action Lawsuit is Nicole Murray v. Lifetime Brands Inc., Case No. 1:16-cv-05016, in the U.S. District Court for the District of New Jersey.