An Adobe termination fee lawsuit may be an option for New Jersey residents who downloaded and purchased Adobe software that contained an early termination fee in the software’s contract. Under the New Jersey Truth-in Consumer Contract, Warranty and Notice Act (TCCWNA), individuals who downloaded and purchased Adobe software may be able to pursue a claim with the help of a consumer product attorney.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Adobe termination fee lawsuit attorney who can assist you throughout the legal process.
Adobe Systems Incorporated
Founded in 1982, Adobe Systems Incorporated (popularly known simply as “Adobe”) is an American multinational software company headquartered in San Jose, California. The company’s primary focus is centered on multimedia and other types of creativity software applications, particularly photography, graphic design, web design, audio/video editing software programs.
In 2003, Adobe introduced the Adobe Creative Suite, a software suite that included many of the company’s most popular programs, such as Acrobat Reader, Photoshop and Illustrator. Each version also contained other industry standard software applications primarily used by graphic designers and other industry professionals (Premiere Pro, After Effects and InDesign).
In 2012, Adobe released the final version of its Creative Suite, replacing it with a set of software applications and optional cloud services known as Adobe Creative Cloud. The Creative Cloud platform requires users to subscribe to the service and pay a monthly or annual fee. Unlike previous software programs offered by Adobe, applications from the Creative Cloud are downloaded from the Internet and are available until the customer cancels their subscription.
Adobe Early Termination Fee
Subscriptions to Adobe Creative Cloud begin as soon as the first payment is made and continue without renewal notice until the customer cancels their subscription. An “early termination fee” may be applied to certain subscriptions. According to Adobe’s subscription terms, customers who purchase one of the software packages offered under the Creative Cloud platform are subject to different subscription terms, depending on the payment option they choose.
Contract and payment terms include:
- Annual subscription (paid monthly) – Customers who cancel within 14 days of their purchase order will receive a full refund. Customers who cancel after 14 days will continue to have their service until the end of that month’s billing period, and they’ll be charged an early termination fee of 50% of their remaining contract obligation.
- Annual subscription (prepaid) – Customers who cancel within 14 days of their order will receive a full refund. Payments are non-refundable for customers who cancel after 14 days, and their service will continue until the end of their contracted term.
- Month-to-month subscription – Customers who cancel within 14 days of their order will receive a full refund. Payments are non-refundable for customers who cancel after 14 days, and their service will continue until the end of that month’s billing period.
Refunds only apply for 14 days after original purchase and not for subsequent renewals.
Truth-in Consumer Contract, Warranty and Notice Act
The TCCWNA forbids companies from misstating consumers’ rights in contracts and warranties, including provisions that assert a consumer cannot cancel their contract without a penalty.
According to the TCCWNA, N.J.S.A. 56:12-15:
No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed.
Early termination fees, including the ones imposed by Adobe Systems Incorporated, could be in violation of the TCCWNA. Under the act, provisions that violate the legal right of the consumer or the responsibility of the seller could be in violation of the TCCWNA, including Adobe’s subscription terms.
How an Adobe Termination Fee Lawsuit Can Help
When a company engages in false or misleading advertising of its products, or otherwise commits deceptive trade practices, that company could be liable for any damage that result.
The actions of the defendants could constitute fraud and misrepresentation, breach of warranty, breach of contract as well as violations of various consumer protection laws, including the TCCWA and the New Jersey Consumer Fraud Act.
Compensation may be sought for:
- Costs incurred by owners, including loss of value, attributable to any wrongful conduct
- Refund of the purchase price paid for affected services
- Damages related to violations of consumer protection acts
- Attorneys’ fees
Individuals who have purchased Adobe may be eligible to pursue damages through an Adobe termination fee lawsuit and are encouraged to seek the advice of an experienced consumer protection attorney to learn more about their rights and remedies.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.
