Law360 reports that consumers are opposing TJ Maxx’s attempt to have a lawsuit dismissed. The lawsuit, filed under California’s Consumer Privacy Act, relates to the retailer allegedly customer data with a software firm, The Retail Equation, which calculates the risk that an attempted merchandise return is fraudulent. Law360 requires a subscription to read, but from the little it does make available, it sounds like TJ Maxx is seeking dismissal of the suit by claiming that its policies require arbitration. Consumers are seemingly claiming that the retailer did not give them adequate notice of the arbitration provision and that it was somewhat buried in fine print on the web site.
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