NEWARK, N.J. (Legal Newsline) - A New Jersey woman is suing Wal-Mart over claims its terms and conditions contain illegal provisions.
Michelle Murphy, of Mine Hill, New Jersey, individually and for all others similarly situated, filed a class action lawsuit May 10 in U.S. District Court for the District of New Jersey against Wal-Mart Stores Inc. and Wal-Mart.com USA LLC, alleging violations of New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
The suit alleges the defendants' terms and conditions of walmart.com violate the TCCWNA by purporting to require all users or customers to indemnify and hold harmless Wal-Mart and its affiliates from any claims, damages, costs and expenses arising from use of the website. The lawsuit states the terms and conditions also purport to disclaim the defendants of any and all liabilities.
Murphy and others in the class seek a jury trial, statutory penalties and/or actual damages, interest, costs and attorney fees. They are represented by attorneys Robert J. Berg and Peter N. Freiberg of Denlea & Carton in White Plains, New York.
U.S. District Court for the District of New Jersey Case number 2:16-CV-02629-ES-JAD