Increased Wave of Consumer Class Actions Targets Consumer Websites
The Complaint in Braden alleges that the defendant markets and sells various floor care products through its website, www.hoover.com, and that the rights of those (including the plaintiffs) who purchase such products are governed by the website’s ‘‘Terms and Conditions.’’ Among other things, the plaintiffs allege that the Terms and Conditions contain unlawful provisions which deprive the plaintiffs of a remedy for the defendant’s tortious acts; absolve the defendant of liability for the manufacture or sale of unsafe products; and relieve the defendant of any responsibility to protect consumers from ‘‘third-party criminal hackers.’’ According to the Complaint, these violations give rise to a cause of action under the TCCWNA.
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“Increased Wave of Consumer Class Actions Targets Consumer Websites,” by Ana Tagvoryan and John Wixted was published in Bloomberg BNA Product Safety and Liability Reporter™ on August 22, 2016.
Reproduced with permission from Product Safety & Liability Reporter, 44 PSLR 892, 8/22/16. Copyright ©2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.