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Articles Tagged with “Terms & Conditions”

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Many form leases (from sites like LegalZoom or RocketLawyer) contain stock terms designed to apply to most landlord-tenant relationships. Unfortunately, New Jersey landlord-tenant law and the facts of a commercial landlord-tenant relationship rarely lend themselves to “canned” contract terms. One overly (and rarely correctly) used contract term requires the tenant to comply with “all laws.” The sentence: “The tenant shall comply with all laws” begs the question: When has the tenant failed to comply with all laws? In a recent case, the Firm successfully defended a commercial tenant from a landlord’s aggressive interpretation of the “comply with all laws” requirement.
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What happens when “freemium” isn’t free? Parents of children who allegedly spent (in some cases) over $300 “at a time” on free-to-download apps are wondering the same thing. The controversy is centered on apps marketed to the public as “free” but that allow for the purchase of game currency (at real cost) once game play begins. According to parents in In re Apple In-App Purchase Litigation, 5:11-CV-1758 (N.D. Cal.; Mar. 31, 2012), their children added hundreds of charges for in-game currency during a fifteen minute window (while their password was still active) after downloading the free app. These parents believe this practice was deceptive and violates California’s Consumer Legal Remedies Act, Cal. Civ. Code 1.5 Sec. 1750-1784.

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Parents in New Jersey may be protected by New Jersey’s Consumer Fraud Act. N.J.S.A. 56:8-1 et seq. The NJ CFA is nationally recognized as consumer friendly and represents one of the strongest stands against deceptive business practices. It includes provisions for mandatory treble damages, attorney’s fees and does not require the plaintiff to prove intent. See Cox v. Sears Roebuck & Co., 138 N.J. 2, 24; N.J.S.A. 56:8-19. Considering the number of downloaded apps in New Jersey alone, there exists the potential for massive liability on Apple’s part. Rather than be subject to New Jersey’s strong consumer protection law, Apple would prefer to stick with California’s. A New Jersey parent suing Apple in New Jersey under the CFA will certainly face an objection to the application of NJ law. Apple will say that when the parent downloaded the app, she agreed to the “Terms & Conditions” and so CA law applies.
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