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Monday, March 18, 2024

New Jersey consumer alleges Victoria's Secret site contains illegal provisions

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NEWARK, N.J. (Legal Newsline) - A New Jersey consumer is suing Victoria's Secret, alleging  its website terms and conditions contain illegal provisions.

  

Bronwyn Nahas of West Orange, New Jersey, individually and for all others similarly situated, filed a class action lawsuit April 15 in U.S. District Court for the District of New Jersey against L Brands Inc., Victoria's Secret Direct Brand Management LLC, and Victoria's Secret Stores Brand Management Inc., alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

The defendants' website, www.victoriassecret.com, the suit says, contains terms and conditions that illegally attempt to violate consumers' legal rights. The terms and conditions attempt to limit New Jersey consumers' entitlement to consequential damages for personal injuries and limit sellers' liability for intentional and wanton acts, the lawsuit states.

  

A certain provision also fails to specify which limitations are or are not void, unenforceable, or inapplicable within New Jersey, according to the complaint.

 

Another provision allgedly imposes Ohio law on New Jersey consumers' claims.

  

Nahas and others in the class seek a jury trial, injunctive relief, damages, interests, attorney fees and costs. They are represented by attorneys John. E. Keefe Jr. and Stephen T. Sullivan Jr. of Keefe Bartels in Red Bank, New Jersey, and Jeffrey M. Ostrow, Avi R. Kaufman and Scott A. Edelsberg of Kopelowitz Ostrow Ferguson Weiselberg Gilbert in Fort Lauderdale, Florida.

  

U.S. District Court for the District of New Jersey Case number 2:16-CV-02107-CCC-MF

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