Spade v. Select Comfort Corp., 061118 FED3, 16-1558

Docket Nº:16-1558
Opinion Judge:SHWARTZ, CIRCUIT JUDGE.
Party Name:DAVID SPADE and KATINA SPADE, h/w, individually and as a class representative on behalf of others similarly situated, Appellants v. SELECT COMFORT CORP., d/b/a Sleep Number; LEGGETT & PLATT INC.; JOHN DOE INDIVIDUALS AND BUSINESSES 1-20
Judge Panel:Before: AMBRO, SHWARTZ, and FUENTES, Circuit Judges.
Case Date:June 11, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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DAVID SPADE and KATINA SPADE, h/w, individually and as a class representative on behalf of others similarly situated, Appellants

v.

SELECT COMFORT CORP., d/b/a Sleep Number; LEGGETT & PLATT INC.; JOHN DOE INDIVIDUALS AND BUSINESSES 1-20

No. 16-1558

United States Court of Appeals, Third Circuit

June 11, 2018

NOT PRECEDENTIAL

Submitted Under Third Circuit LAR 34.1(a) November 18, 2016

Appeal from the United States District Court for the District of New Jersey (D.N.J. No. 3-15-cv-01826) District Judge: Honorable Peter G. Sheridan

Before: AMBRO, SHWARTZ, and FUENTES, Circuit Judges.

OPINION [*]

SHWARTZ, CIRCUIT JUDGE.

Plaintiffs David and Katina Spade brought a putative class action against Select Comfort Corporation, alleging that its sales contract violates the Truth-in-Consumer Contract, Warranty and Notice Act ("TCCWNA"), N.J. Stat. Ann. § 56:12-14. The District Court granted Select Comfort's motion for judgment on the pleadings. Plaintiffs appealed, and we certified two questions to the New Jersey Supreme Court that we viewed as determinative of this appeal. Based on the Supreme Court's answer, which requires a plaintiff to show harm from the defendant's TCCWNA violation, we will vacate and remand to the District Court for further proceedings.

I

Plaintiffs entered into furniture sales contracts that allegedly did not comply with certain New Jersey regulations.[1] The contract excluded allegedly required provisions[2]and included allegedly prohibited phrases such as "all sales final" and "no returns will be authorized or accepted." App. 74.

Plaintiffs brought claims against Select Comfort for statutory damages under TCCWNA, predicated on violations of the New Jersey Division of Consumer Affairs's Delivery of Household Furniture and Furnishings Regulation ("Furniture Delivery Regulations"), N.J. Admin. Code § 13:45A-5. The Furniture Regulations identify language that must be included in any contract for household furniture by "any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into" New Jersey...

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