The New Jersey Supreme Court on Monday delivered what appears to be largely good news to furniture companies defending federal consumer class actions, holding that actual harm is needed to make out claims under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

In a unanimous opinion issued in response to questions posed by the U.S. Court of Appeals for the Third Circuit, the court said sales or delivery contract terms that run afoul of regulations governing furniture delivery (such as “no refunds” language) can be the basis for claims under the TCCWNA. But in order to be considered an “aggrieved consumer,” a plaintiff must show there was actual monetary or other harm in order to become eligible for compensation.

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