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Legislature http://www.njleg.state.nj.us/
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annotated statutes for New Jersey.
The statutes in PDF form provided on this website by the Division of Consumer Affairs are
unofficial courtesy copies, which may differ from the official text. Although every effort is made
to ensure that the text of the courtesy copies is identical to the official version, if any
discrepancies exist between the text on this website and the official version, the official version
will govern.
Consumer Fraud Act
Table of Contents
56:8-1 Definitions ................................................................................................................................. 9
56:8-1.1 Temporary help services; inclusion within definition of merchandise; rules, regulations; fees,
charges on firms; transport of workers regulated .................................................................................. 9
56:8-1.2 Unlawful withholding of diversion of wages by temporary help service firm; penalty ....... 10
56:8-2. Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful
practice ................................................................................................................................................ 11
56:8-2.1. Operation simulating governmental agency as unlawful practice ....................................... 11
56:8-2.2. Scheme to not sell item or service advertised ...................................................................... 11
56:8-2.3 Advertising plan involving notification of winning of prize and other requirements unlawful
............................................................................................................................................................ 12
56:8-2.4. Advertisement of unassembled merchandise as assembled in picture or illustration;
prohibition ........................................................................................................................................... 12
56:8-2.5. Sale, attempt to sell or offer for sale of merchandise without tag or label with selling price
............................................................................................................................................................ 12
56:8-2.6. Daily failure to tag as separate violation ............................................................................. 12
56:8-2.7 False representation unlawful practice ................................................................................. 12
56:8-2.8. "Going out of business sale"; time limits........................................................................... 13
56:8-2.9. Misrepresentation of identity of food in menus or advertisements of eating establishments
............................................................................................................................................................ 13
56:8-2.10. Acts constituting misrepresentation of identity of food ..................................................... 13
56:8-2.11. Violations; liability ............................................................................................................ 13
56:8-2.12. Recovery of refund in private action ................................................................................. 14
56:8-2.13. Cumulation of rights and remedies; construction of act .................................................... 14
56:8-2.14. Short title ........................................................................................................................... 14
56:8-2.15. Definitions ......................................................................................................................... 14
56:8-2.16. Posting of signs; locations ................................................................................................. 14
56:8-2.17. Signs; contents ................................................................................................................... 15
56:8-2.18. Penalties; refunds or credits to buyers ............................................................................... 15
56:8-2.19. Posting of signs; exceptions .............................................................................................. 15
56:8-2.20. Motor vehicle; perishables; custom merchandise; non-returnable merchandise; application
of act.................................................................................................................................................... 15
56:8-2.21. Jurisdiction; penalties; cash refund; credit; damages ........................................................ 15
56:8-2.22. Copy of transaction or contract; provision to consumer .................................................... 16
56:8-2.23. Disclosure of profit-making nature .................................................................................... 16
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56:8-2.25 Transaction of business under assumed name, misrepresented geographic origin, location
............................................................................................................................................................ 16
56:8-2.27 Sale of baby food, non-prescription drugs, cosmetics, certain; unlawful ........................... 17
56:8-2.28 Short title ............................................................................................................................ 17
56:8-2.29 Definitions relative to raincheck policy disclosure ............................................................ 17
56:8-2.30 Posting of raincheck policy by retail mercantile establishment ......................................... 18
56:8-2.31 Unlawful practices by retail mercantile establishment relative to rainchecks .................... 18
56:8-2.32 Regulations ......................................................................................................................... 18
56:8-2.33 Discrimination against cash-paying customers prohibited; violations, penalties; exceptions
............................................................................................................................................................ 19
56:8-3. Investigation by attorney general; powers and duties ............................................................. 19
56:8-3.1. Violations; penalty ............................................................................................................... 20
56:8-4. Additional powers................................................................................................................... 20
56:8-5. Service of notice by attorney general ..................................................................................... 20
56:8-6. Failure or refusal to file statement or report or obey subpoena issued by attorney general;
punishment .......................................................................................................................................... 21
56:8-7. Self-incrimination; exemption from prosecution or punishment ............................................ 21
56:8-8. Injunction against unlawful practices; appointment of receiver; additional penalties ............ 22
56:8-9. Powers and duties of receiver ................................................................................................. 22
56:8-10. Claims against persons acquiring money or property by unlawful practices ....................... 22
56:8-11. Costs in actions or proceedings brought by attorney general ............................................... 23
56:8-12. Partial invalidity ................................................................................................................... 23
56:8-13 Penalties ................................................................................................................................. 23
56:8-14 Enforcement of penalty; process ........................................................................................... 23
56:8-14.1 Office of consumer affairs entitled to penalties, fines or fees ............................................ 24
56:8-14.2 Definitions relative to certain deceptive consumer practices ............................................. 24
56:8-14.3. Additional penalties for violation of C.56:8-1 et seq......................................................... 25
56:8-14.4. Restoration of money, property given priority .................................................................. 25
56:8-14.5 Educational program about consumer protection laws, rights ............................................ 25
56:8-14.6. Consumer Fraud Education Fund ...................................................................................... 26
56:8-14.7. Rules, regulations .............................................................................................................. 26
56:8-15 Additional penalties ............................................................................................................... 26
56:8-16. Remission of penalties .......................................................................................................... 26
56:8-17 Noncompliance; penalties ...................................................................................................... 27
56:8-18. Cease and desist order; violations; penalty ........................................................................... 27
56:8-19 Action, counterclaim by injured person; recovery of damages, costs ................................... 27
56:8-19.1 Exemption from consumer fraud law, certain real estate licensees, circumstances ........... 28
56:8-20. Notice to attorney general of action or defense by injured person; intervention ................ 29
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56:8-21. Short title .............................................................................................................................. 29
56:8-22. Definitions ............................................................................................................................ 29
56:8-23. Exposure or offer for sale at retail of consumer commodity; mark of price per measure .... 29
56:8-24. Unit pricing regulations; hearings; exemptions; retail establishments and commodities list30
56:8-25. Other regulations .................................................................................................................. 30
56:8-26 Definitions ............................................................................................................................. 30
56:8-27 Requirements for ticket broker .............................................................................................. 31
56:8-28 Application for registration, fee ............................................................................................. 32
56:8-29 Issuance of certificate of registration ..................................................................................... 33
56:8-30 Bond required to engage in business of reselling tickets as a ticket broker .......................... 33
56:8-31. Revocation or suspension of license ..................................................................................... 33
56:8-32. Display of license; copies ..................................................................................................... 33
56:8-33 Notification to purchaser of price of ticket, reselling of tickets limited ................................ 34
56:8-34 Reselling of tickets prohibited in certain areas; reselling regulated ...................................... 34
56:8-35 Special treatment prohibited .................................................................................................. 35
56:8-35.4 Use of digger unlawful ....................................................................................................... 35
56:8-35.5. Definitions relative to Internet ticket sales ........................................................................ 35
56:8-36. Rules and regulations ............................................................................................................ 36
56:8-37 Violations; penalties .............................................................................................................. 36
56:8-38. Nonprofit or political organizations; application of act ....................................................... 36
56:8-39. Definitions ............................................................................................................................ 36
56:8-40. Registration ........................................................................................................................... 37
56:8-41. Security ................................................................................................................................. 37
56:8-42. Health club services contract ................................................................................................ 38
56:8-43. Right of action ...................................................................................................................... 40
56:8-44. 25% limit .............................................................................................................................. 40
56:8-45. Contracts voidable ................................................................................................................ 40
56:8-46. Violation ............................................................................................................................... 40
56:8-47. Nonapplicability ................................................................................................................... 41
56:8-48. Rules, regulations ................................................................................................................. 41
56:8-49. Definitions ............................................................................................................................ 41
56:8-50. Notice of defect or hazard in children's products to director ................................................ 41
56:8-51. Dealer display of notification ............................................................................................... 42
56:8-52. Inspection program; regulations ........................................................................................... 42
56:8-53. Allocation of penalty monies ................................................................................................ 42
56:8-53.1 Definitions relative to child product safety ........................................................................ 42
56:8-53.2 Unlawful practices relative to children's products deemed unsafe ..................................... 43
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56:8-53.3 Duties of Division of Consumer Affairs; immunity from liability ..................................... 43
56:8-53.4 Retrofitting of children's products ...................................................................................... 44
56:8-53.5 Rules, regulations ............................................................................................................... 44
56:8-54. Application of consumer fraud act to information services .................................................. 44
56:8-55. Definitions ............................................................................................................................ 44
56:8-56. Unlawful practice without disclosures required ................................................................... 45
56:8-57. Unlawful practices ................................................................................................................ 45
56:8-58. Blocking of telephone access................................................................................................ 46
56:8-59. Rules, regulations, fees ......................................................................................................... 46
56:8-60. Injunctive relief, restraints on income .................................................................................. 46
56:8-61. Short title .............................................................................................................................. 47
56:8-62. Definitions ............................................................................................................................ 47
56:8-63. Posting of kosher information .............................................................................................. 47
56:8-64. Unlawful practice not committed; proof required ................................................................ 47
56:8-65. Presumptive evidence of intent to sell .................................................................................. 48
56:8-66. Compliance with requirements ............................................................................................. 48
56:8-67 Definitions relative to sale and warranty of certain used vehicles......................................... 48
56:8-67.1 Sale of used passenger motor vehicle, upon termination of lease agreement ..................... 49
56:8-68. Unlawful practices ................................................................................................................ 49
56:8-69. Written warranty required; minimum durations ................................................................... 50
56:8-70. Written warranty; requirements of dealer ............................................................................. 51
56:8-71. Dealer's failure to correct defect ........................................................................................... 51
56:8-72. Term of warranty extended for repairs ................................................................................. 51
56:8-73. Waiver of dealer's obligation to provide warranty ............................................................... 52
56:8-74. Warranty given as a matter of law ........................................................................................ 52
56:8-75. Remedies, rights preserved ................................................................................................... 52
56:8-76. Nonapplicability of act ......................................................................................................... 52
56:8-77. Bond to assure compliance ................................................................................................... 53
56:8-78. Rules, regulations ................................................................................................................. 53
56:8-79. Consumer awareness program required ................................................................................ 53
56:8-80. Administrative fee established .............................................................................................. 53
56:8-80.1 Prohibited sales of tires; violations, penalties ..................................................................... 53
56:8-81. Short title .............................................................................................................................. 54
56:8-82. Findings, declarations relative to industrial hygiene ............................................................ 54
56:8-83. Definitions relative to industrial hygiene ............................................................................. 54
56:8-84. Unlawful practices ................................................................................................................ 55
56:8-85. Nonapplicability of act to supervised apprentices, students ................................................. 56
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56:8-86. Definitions relative to telecommunications service providers .............................................. 56
56:8-87. Change, redirection of telecommunications service provider; conditions ............................ 56
56:8-88. Processing of change orders ................................................................................................. 56
56:8-89 Rules, regulations relative to telecommunications service providers .................................... 57
56:8-89.1 Rules, regulations to enforce FCC agreement .................................................................... 57
56:8-90. Change notification; bill information ................................................................................... 57
56:8-91. Violations, penalties ............................................................................................................. 58
56:8-92 Short title ............................................................................................................................... 58
56:8-93 Definitions relative to sales of cats and dogs ......................................................................... 58
56:8-94 Construction of act................................................................................................................. 59
56:8-95 Noncompliance by pet shop considered deceptive practice .................................................. 59
56:8-95.1 Certain animals offered by breeder, broker, prohibited sale by pet shop ........................... 64
56:8-95.2 Construction of act .............................................................................................................. 66
56:8-95.3 Violations, penalties ........................................................................................................... 66
56:8-96 Certification from veterinarian, recourse ............................................................................... 66
56:8-97 Rules, regulations .................................................................................................................. 68
56:8-98 Short title ............................................................................................................................... 68
56:8-99 Definitions relative to food represented as halal ................................................................... 69
56:8-100 Posting of information by dealer representing food to be halal ......................................... 69
56:8-101 Reliance on representation, good faith, defense .................................................................. 69
56:8-102 Possession of food implies intent to sell .............................................................................. 69
56:8-103 Compliance required by dealer in regard to food represented as halal ................................ 70
56:8-104 Definitions relative to certain loans for senior citizens ....................................................... 70
56:8-105 Certain home improvement loans unlawful ......................................................................... 70
56:8-106 Immunity from liability for third party, exception .............................................................. 70
56:8-107 Findings, declarations relative to excessive price increases at certain times ....................... 70
56:8-108 Definitions relative to excessive price increases at certain times ........................................ 71
56:8-109 Unlawful practice to sell merchandise at excessive price during emergency ...................... 71
56:8-110 Gift certificate, card, validity, terms, required; definitions ................................................. 72
56:8-111 Rules, regulations ................................................................................................................ 74
56:8-112 Violations deemed unlawful practice .................................................................................. 74
56:8-113. Short title ............................................................................................................................ 74
56:8-114. Findings, declarations realtive to qualification of safety professionals .............................. 74
56:8-115 Definitions relative to qualifications of safety professionals ............................................... 74
56:8-116 Certification by safety professional certification organization required.............................. 75
56:8-117 Motor vehicle window tinting, informing customer of State restrictions; required ............ 75
56:8-118. Rules, regulations; public information program ................................................................. 75
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56:8-119. Findings, declarations relative to telemarketing calls ......................................................... 76
56:8-120. Definitions relative to telemarketing calls .......................................................................... 77
56:8-121. Unsolicited telemarketing calls prohibited, telemarketer registration required; fee ........... 78
56:8-122. Additional requirements for registration ............................................................................ 78
56:8-123. Refusal to issue, renew; revocation of license .................................................................... 79
56:8-124. Registration number to remain property of State ............................................................... 79
56:8-125. Reporting of change in information .................................................................................... 79
56:8-126. Maintenance of bond by registrant ..................................................................................... 80
56:8-127. Establishment, maintenance of no telemarketing call list, use of national registry ............ 80
56:8-128 Requirements relative to telemarketing sales calls .............................................................. 80
56:8-129. Inclusion on list, notice to customers of existence of list, updating; directory information
............................................................................................................................................................ 81
56:8-130 Prohibited practices; "commercial mobile service," "commercial mobile service device"
defined................................................................................................................................................. 81
56:8-131. Construction of act .............................................................................................................. 82
56:8-132. Violations, penalties; exceptions ........................................................................................ 82
56:8-133. "Consumer Protection Fund" .............................................................................................. 82
56:8-134. Rules, regulations ............................................................................................................... 83
56:8-135. Information not considered government record.................................................................. 83
56:8-136 Short title. ............................................................................................................................ 83
56:8-137 Definitions relative to home improvement contractors ....................................................... 83
56:8-138 Registration for contractors; application, fee ....................................................................... 84
56:8-138.1 Identification badge required for certain contractors ........................................................ 84
56:8-138.2 Home elevation contractors, rules, regulations; fees; penalties ........................................ 85
56:8-139 Act applicable to contractors who publicly advertise .......................................................... 86
56:8-140 Inapplicability of act ............................................................................................................ 86
56:8-141 Additional requirements; refusal to issue or suspend or revoke registration; grounds ........ 87
56:8-142 Proof of commercial general liability insurance, cargo, other insurance, posting of bond;
requirements ........................................................................................................................................ 88
56:8-143 Refusal to issue, renew, revocation, suspension of registration; procedures ....................... 89
56:8-144 Display of registration number; requirements ..................................................................... 89
56:8-145 Applicability of act to out-of-State contractors ................................................................... 90
56:8-146 Violations, fourth degree crime ........................................................................................... 90
56:8-147 Supersedure of municipal ordinance, regulation ................................................................. 90
56:8-148 Municipal powers preserved ................................................................................................ 90
56:8-149 Public information campaign, toll free number ................................................................... 91
56:8-150 Applicability of C.56:8-1 et seq........................................................................................... 91
56:8-151 Contracts, certain, required to be in writing; contents ......................................................... 91
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56:8-152 Rules, regulations ................................................................................................................ 92
56:8-153 Definitions relative to unsolicited credit cards, checks ....................................................... 92
56:8-154 Delivery of unsolicited credit card, unlawful practice ......................................................... 93
56:8-155 Unsolicited credit card, unaccepted, immunity from liability for use ................................. 93
56:8-156 Unsolicited check, unaccepted, immunity from liability for use ......................................... 93
56:8-157 Definitions relative to certain unsolicited advertisements over telephone lines .................. 93
56:8-158 Sending unsolicited advertisement to telephone facsimile machine prohibited, exceptions94
56:8-159 Action by aggrieved person ................................................................................................. 96
56:8-160 Violation constitutes unlawful practice ............................................................................... 97
56:8-161 Definitions relative to security of personal information ...................................................... 97
56:8-162 Methods of destruction of certain customer records ............................................................ 98
56:8-163 Disclosure of breach of security to customers ..................................................................... 98
56:8-164 Prohibited actions relative to display of social security numbers ...................................... 100
56:8-165 Regulations concerning security of personal information ................................................. 101
56:8-166 Unlawful practice, violation .............................................................................................. 101
56:8-166.1 Person, business, association prohibited from publishing certain information on the Internet
.......................................................................................................................................................... 102
56:8-166.2 Request to remove certain information ........................................................................... 102
56:8-166.3 Construction of act.......................................................................................................... 103
56:8-167 Sale, offer of vehicle protection product by unregistered warrantor, person deemed unlawful
practice .............................................................................................................................................. 104
56:8-168 Short title ........................................................................................................................... 104
56:8-169 Findings, declarations relative to Internet dating safety .................................................... 104
56:8-170 Definitions relative to Internet dating safety ..................................................................... 104
56:8-171 Requirements for Internet dating services ......................................................................... 105
56:8-172 Unlawful practices for Internet dating services ................................................................. 106
56:8-173 No violation to serve solely as intermediary ..................................................................... 106
56:8-174 Rules, regulations .............................................................................................................. 106
56:8-175 Definitions relative to prepaid telephone calling cards and services ................................. 107
56:8-176 Disclosure of certain information required ........................................................................ 108
56:8-177 Certain cards not to be offered for sale .............................................................................. 110
56:8-178 Violation deemed unlawful practice; remedies, penalties ................................................. 110
56:8-179 Report to Governor, Legislature ........................................................................................ 110
56:8-180 Rules, regulations .............................................................................................................. 110
56:8-181 Effective date; applicability of act ..................................................................................... 110
56:8-185 Definitions relative to international labor matching, matchmaking organizations ............ 111
56:8-186 Criminal history record background checks condition for employment ........................... 112
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56:8-187 Certification as qualified to own enterprise ....................................................................... 112
56:8-188 Authorization for receipt of criminal history record information ...................................... 113
56:8-189 Written consent for criminal history record background check ........................................ 113
56:8-190 Information provided to recruits of international matchmaking organization ................... 114
56:8-191 Public education program .................................................................................................. 114
56:8-192 Registration, fee ................................................................................................................. 115
56:8-193 Criminal history, provision required before information provided to recruit .................... 115
56:8-194 Violations .......................................................................................................................... 115
56:8-195 Rules, regulations .............................................................................................................. 115
56:8-196 Definitions relative to the security of certain personal information .................................. 116
56:8-197 Restrictions for health insurance carrier relative to certain computerized records ............ 117
56:8-198 Violation, unlawful practice .............................................................................................. 117
56:8-199 Violations, unlawful practice ............................................................................................. 117
56:8-200 Escrow agent evaluation services, charging certain fees prohibited.................................. 118
56:8-201 Definitions relative to coin redemption machine fees ....................................................... 118
56:8-202 Notice of fee required ........................................................................................................ 118
56:8-203 Violations; penalties, unlawful practice ............................................................................ 118
56:8-204 Rules, regulations .............................................................................................................. 119
56:8-205 Definitions relative to motor vehicle payment assurance devices ..................................... 119
56:8-206 Installation of payment assurance device on motor vehicle .............................................. 120
56:8-207 Certain baby monitors required to include security features ............................................. 120
56:8-208 Definitions relative to deed procurement services ............................................................. 121
56:8-209 Unlawful practice, violation .............................................................................................. 122
56:8-210 Rules, regulations .............................................................................................................. 122
56:8-211 Leasing of dogs and cats prohibited; violations, penalties; exceptions ............................. 122
56:8-212 Definitions relative to annual report filing services ........................................................... 123
56:8-213 Unlawful practice, violation .............................................................................................. 123
56:8-214 Rules, regulations .............................................................................................................. 124
56:8-215 Definitions relative to online education services and student educational records............ 124
56:8-216 Actions prohibited for online education service ................................................................ 125
56:8-217 Responsibilities of online education service ...................................................................... 127
56:8-218 Construction of act ............................................................................................................. 127
56:8-219 Construction of act ............................................................................................................. 128
56:8-220 Unlawful practice .............................................................................................................. 128
56:8-221 Rules, regulations .............................................................................................................. 128
56:8-222 Findings, declarations relative to return of certain items purchased during a state of
emergency ......................................................................................................................................... 129
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56:8-223 Definitions relative to the return of items purchased during a state of emergency ........... 129
56:8-224 Unlawful practice, violation .............................................................................................. 129
56:8-225 Findings, declarations relative to third-party food takeout, delivery applications relative to
restaurants ......................................................................................................................................... 130
56:8-226 Limit on service fee ........................................................................................................... 130
56:8-227 Solicitation by nongovernmental entity, unlawful practice, violation ............................... 131
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56:8-1 Definitions
(a) The term "advertisement" shall include the attempt directly or indirectly by publication,
dissemination, solicitation, indorsement or circulation or in any other way to induce directly
or indirectly any person to enter or not enter into any obligation or acquire any title or interest
in any merchandise or to increase the consumption thereof or to make any loan;
(b) The term "Attorney General" shall mean the Attorney General of the State of New Jersey
or any person acting on his behalf;
(c) The term "merchandise" shall include any objects, wares, goods, commodities, services or
anything offered, directly or indirectly to the public for sale;
(d) The term "person" as used in this act shall include any natural person or his legal
representative, partnership, corporation, company, trust, business entity or association, and any
agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee
or cestuis que trustent thereof;
(e) The term "sale" shall include any sale, rental or distribution, offer for sale, rental or
distribution or attempt directly or indirectly to sell, rent or distribute;
(f) The term "senior citizen" means a natural person 60 years of age or older.
L.1960,c.39,s.1; amended 1967, c.301, s.1; 1999, c.298, s.2.
56:8-1.1 Temporary help services; inclusion within definition of merchandise; rules,
regulations; fees, charges on firms; transport of workers regulated
Services provided by a temporary help service firm shall constitute services within the term
"merchandise" pursuant to P.L.1960, c.39, s.1 (C.56:8-1(c)), and the provisions of P.L.1960, c.39
(C.56:8-1 et seq.) shall apply to the operation of a temporary help service firm.
The Attorney General shall promulgate rules and regulations pursuant to section 4 of P.L.1960,
c.39 (C.56:8-4). The Attorney General shall, by rule or regulation, establish, prescribe or change
an annual registration fee or other charge on temporary help service firms to such extent as shall
be necessary to defray all proper expenses incurred by his office in the performance of its duties
under this section of this act but such registration fees or other charges shall not be fixed at a level
that will raise amounts in excess of the amount estimated to be so required. In addition to any
other appropriate requirements, the Attorney General shall, by rule or regulation require the
following:
a. Each temporary help service firm operating within the State of New Jersey shall, prior to
the effective date of this act or commencement of operation and annually thereafter, notify the
Attorney General as to its appropriate name, if applicable; the trade name of its operation; its
complete address, including street and street number of the building and place where its
business is to be conducted; and the names and resident addresses of its officers. Each principal
or owner shall provide an affidavit to the Attorney General setting forth whether such principal
or owner has ever been convicted of a crime.
b. When a temporary help service firm utilizes any location other than its primary location
for the recruiting of applicants, including mobile locations, it shall notify the Office of the
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Attorney General of such fact in writing or by telephone, and subsequently confirm in writing
prior to the utilization of such facility.
c. Each temporary help service firm shall at the time of its initial notification to the Attorney
General, and annually thereafter, post a bond of $1,000.00 with the Attorney General to secure
compliance with P.L.1960, c. 39 (C. 56:8-1 et seq.), provided however that the Attorney
General may waive such bond for any corporation or entity having a net worth of $100,000 or
more.
d. Any temporary help service firm, as the term is used in P.L.1960, c.39 (C.56:8-1 et seq.),
P.L.1989, c.331 (C.34:8-43 et seq.) or this section, which places individuals in work which
requires them to obtain transportation services to get to, or return from, the site of the work
shall be subject to the provisions of this subsection, except that the provisions of this subsection
shall not apply if the firm requires the individuals to use their own vehicles or other
transportation of their choice, for transportation to and from work and shall not apply if public
transportation is available at the times needed for them to get to, and return from, the site of
the work and the firm permits them to use the public transportation. If the firm provides
transportation services with any vehicle owned, leased or otherwise under the control of the
firm, the firm shall be responsible for compliance with the provisions of R.S.48:4-3 et seq. and
any other applicable law or regulation regarding the vehicle and its use and shall keep records
in the manner required by regulations adopted by the Attorney General in consultation with
the New Jersey Motor Vehicle Commission. If the firm does not provide transportation
services, but refers, directs or requires the individuals to use any other provider or providers of
transportation services, or provides no practical alternative to the use of services of the provider
or providers, the firm shall obtain, and keep on file, documentation that each provider is in
compliance with the provisions of R.S.48:4-3 et seq. and any other applicable law or regulation
in the manner required by regulations adopted by the Attorney General in consultation with
the New Jersey Motor Vehicle Commission. The firm may not require the individuals to use
transportation provided by the firm or another provider of transportation services if they have
other transportation available. A failure to comply with the provisions of this subsection,
including all record-keeping requirements of this subsection, shall be regarded as an unlawful
practice and a violation of this section, of P.L.1960, c.39 (C.56:8-1 et seq.) and of R.S.48:4-3
et seq. and a temporary help service firm found to be in violation shall be subject to penalties
provided for violations of those acts, and shall be jointly and severally liable with the provider
of transportation services for any injury which occurs to the individuals while being transported
in a vehicle owned, leased or otherwise under the control of the provider. In the case of
noncompliance with the provisions of this section on more than one occasion, the Attorney
General may suspend or revoke the firm's registration as a temporary help service firm for the
purposes of this section, P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1989, c.331 (C.34:8-43 et
seq.).
L.1981,c.1,s.14; amended 2007, c.14.
56:8-1.2 Unlawful withholding of diversion of wages by temporary help service firm; penalty
It shall be an unlawful practice for a temporary help service firm, as the term is used in
P.L.1960, c.39 (C.56:8-1 et seq.), section 14 of P.L.1981, c.1 (C.56:8-1.1) and P.L.1989, c.331
(C.34:8-43 et seq.), to willfully withhold or divert wages for any purpose not expressly permitted
by section 4 of P.L.1965, c.173 (C.34:11-4.4). In addition to any fine or penalty, the Attorney
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General may refuse to issue or renew, and may suspend or revoke a firm's registration to operate
as a temporary help service firm for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), section 14
of P.L.1981, c.1 (C.56:8-1.1), P.L.1989, c.331 (C.34:8-43 et seq.) and related regulations for a
violation of this section. A refusal, suspension or revocation shall not be made except upon
reasonable notice to, and the opportunity to be heard by, the applicant or registrant.
L.2007,c.15.
56:8-2. Fraud, etc., in connection with sale or advertisement of merchandise or real estate as
unlawful practice
The act, use or employment by any person of any unconscionable commercial practice,
deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment,
suppression, or omission of any material fact with intent that others rely upon such concealment,
suppression or omission, in connection with the sale or advertisement of any merchandise or real
estate, or with the subsequent performance of such person as aforesaid, whether or not any person
has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice;
provided, however, that nothing herein contained shall apply to the owner or publisher of
newspapers, magazines, publications or printed matter wherein such advertisement appears, or to
the owner or operator of a radio or television station which disseminates such advertisement when
the owner, publisher, or operator has no knowledge of the intent, design or purpose of the
advertiser.
L.1960, c. 39, p. 138, s. 2. Amended by L.1967, c. 301, s. 2, eff. Feb. 15, 1968; L.1971, c.
247, s. 1, eff. June 29, 1971; L.1975, c. 294, s. 1, eff. Jan. 19, 1976.
56:8-2.1. Operation simulating governmental agency as unlawful practice
It shall be an unlawful practice for any person to operate under a name or in a manner which
wrongfully implies that such person is a branch of or associated with any department or agency of
the Federal Government or of this State or any of its political subdivisions, or use any seal, insignia,
envelope or other format which simulates that of any governmental department or agency.
L.1968, c. 448, s. 1, eff. Feb. 19, 1969.
56:8-2.2. Scheme to not sell item or service advertised
The advertisement of merchandise as part of a plan or scheme not to sell the item or service
so advertised or not to sell the same at the advertised price is an unlawful practice and a violation
of the act to which this act is a supplement.
L.1969, c. 131, s. 1.
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56:8-2.3 Advertising plan involving notification of winning of prize and other requirements
unlawful
The notification to any person by any means, as a part of an advertising plan or scheme, that
he has won a prize and requiring him to do any act, purchase any other item or submit to a sales
promotion effort is an unlawful practice and a violation of the act to which this act is a supplement.
L.1969,c.131,s.2.
56:8-2.4. Advertisement of unassembled merchandise as assembled in picture or illustration;
prohibition
It shall be an unlawful practice for a person to advertise merchandise for sale accompanied by
a picture or illustration of the merchandise in an assembled condition when it is intended to be sold
unassembled, unless the advertisement bears the notation that the merchandise is to be sold
unassembled.
L.1973, c. 225, s. 1.
56:8-2.5. Sale, attempt to sell or offer for sale of merchandise without tag or label with selling
price
It shall be an unlawful practice for any person to sell, attempt to sell or offer for sale any
merchandise at retail unless the total selling price of such merchandise is plainly marked by a
stamp, tag, label or sign either affixed to the merchandise or located at the point where the
merchandise is offered for sale.
L.1973, c. 308, s. 1.
56:8-2.6. Daily failure to tag as separate violation
For the purposes of this act, each day for which the total selling price is not marked in
accordance with the provisions of this act for each group of identical merchandise shall constitute
a separate violation of this act and the act of which this act is a supplement.
L.1973, c. 308, s. 2.
56:8-2.7 False representation unlawful practice
It shall be an unlawful practice for any person to solicit funds or a contribution of any kind, or
to sell or offer for sale any goods, wares, merchandise, or services, by telephone or otherwise,
where it has been falsely represented by such person or where the consumer has been falsely led
to believe that such person is soliciting by or on behalf of any charitable or nonprofit organization,
or that a contribution to or purchase from such person shall substantially benefit persons with
disabilities.
L.1975, c.293, s.1; amended 2017, c.131, s.216.
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56:8-2.8. "Going out of business sale"; time limits
It shall be an unlawful practice for any person to advertise merchandise for sale as a "going
out of business sale" or in terms substantially similar to "going out of business sale" for a period
in excess of 90 days or to advertise more than one such sale in 360 days. The 360-day period shall
commence on the first day of such sale. For any person in violation of this act, each day in violation
shall constitute an additional, separate and distinct violation.
L.1979, c. 103, s. 1.
56:8-2.9. Misrepresentation of identity of food in menus or advertisements of eating
establishments
It shall be an unlawful practice for any person to misrepresent on any menu or other posted
information, including advertisements, the identity of any food or food products to any of the
patrons or customers of eating establishments including but not limited to restaurants, hotels, cafes,
lunch counters or other places where food is regularly prepared and sold for consumption on or off
the premises. This section shall not apply to any section or sections of a retail food or grocery
store which do not provide facilities for on the premises consumption of food or food products.
L.1979, c. 347, s. 1.
56:8-2.10. Acts constituting misrepresentation of identity of food
The identity of said food or food products shall be deemed misrepresented if:
a. Its description is false or misleading in any particular;
b. Its description omits information which by its omission renders the description false or
misleading in any particular;
c. It is served, sold, or distributed under the name of another food or food product;
d. It purports to be or is represented as a food or food product for which a definition of identity
and standard of quality has been established by custom and usage unless it conforms to such
definition and standard.
L.1979, c. 347, s. 2.
56:8-2.11. Violations; liability
Any person violating the provisions of the within act shall be liable for a refund of all moneys
acquired by means of any practice declared herein to be unlawful.
L.1979, c. 347, s. 3.
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56:8-2.12. Recovery of refund in private action
The refund of moneys herein provided for may be recovered in a private action or by such
persons authorized to initiate actions pursuant to P.L.1975, c. 376 (C. 40:23-6.47 et seq.).
L.1979, c. 347, s. 4.
56:8-2.13. Cumulation of rights and remedies; construction of act
The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared
to be in addition to and cumulative of any other right, remedy or prohibition accorded by the
common law or statutes of this State, and nothing contained herein shall be construed to deny,
abrogate or impair any such common law or statutory right, remedy or prohibition.
L.1979, c. 347, s. 5.
56:8-2.14. Short title
This act shall be known and may be cited as the "Refund Policy Disclosure Act."
L.1982, c. 29, s. 1.
56:8-2.15. Definitions
As used in this act:
a. "Merchandise" means any objects, wares, goods, commodities, or any other tangible items
offered, directly or indirectly, to the public for sale.
b. "Proof of purchase" means a receipt, bill, credit card slip, or any other form of evidence
which constitutes reasonable proof of purchase.
c. "Retail mercantile establishment" means any place of business where merchandise is
exposed or offered for sale at retail to members of the consuming public.
L.1982, c. 29, s. 2.
56:8-2.16. Posting of signs; locations
Every retail mercantile establishment shall conspicuously post its refund policy as to all
merchandise on a sign in at least one of the following locations:
a. Attached to the item itself, or
b. Affixed to each cash register or point of sale, or
c. So situated as to be clearly visible to the buyer from the cash register, or
d. Posted at each store entrance used by the public.
L.1982, c. 29, s. 3.
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56:8-2.17. Signs; contents
Any sign required by section 3 of this act to be posted in retail mercantile establishments shall
state whether or not it is a policy of such establishment to give refunds and, if so, under what
conditions, including, but not limited to, whether a refund will be given:
a. On merchandise which has been advertised as "sale" merchandise or marked "as is" ;
b. On merchandise for which no proof of purchase exists;
c. At any time or not beyond a point in time specified; or
d. In cash, or as credit or store credit only.
L.1982, c. 29, s. 4.
56:8-2.18. Penalties; refunds or credits to buyers
A retail mercantile establishment violating any provision of this act shall be liable to the buyer,
for up to 20 days from the date of purchase, for a cash refund or a credit, at the buyer's option,
provided that the merchandise has not been used or damaged by the buyer.
L.1982, c. 29, s. 5.
56:8-2.19. Posting of signs; exceptions
The provisions of section 3 shall not apply to retail mercantile establishments or departments
that have a policy of providing, for a period of not less than 20 days after the date of purchase, a
cash refund for a cash purchase or providing a cash refund or issuing a credit for a credit purchase,
which credit is applied to the account on which the purchase was debited, in connection with the
return of its unused and undamaged merchandise.
L.1982, c. 29, s. 6.
56:8-2.20. Motor vehicle; perishables; custom merchandise; non-returnable merchandise;
application of act
This act shall not apply to sales of motor vehicles, or perishables and incidentals to such
perishables, or to custom ordered, custom finished merchandise, or merchandise not returnable by
law.
L.1982, c. 29, s. 7.
56:8-2.21. Jurisdiction; penalties; cash refund; credit; damages
a. An individual action for a violation of this act may be brought in a municipal court in whose
jurisdiction the sale was made.
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b. In addition to the penalties provided for in section 5, a retail mercantile establishment that
fails to comply with the requirements of this act and, in practice, does not have a policy as
provided in section 6 and has refused to accept the return of the merchandise shall be liable to
the consumer for:
(1) A cash refund or a credit, at the buyer's option, provided the merchandise has not
been used or damaged, and
(2) Damages of not more than $200.00.
L.1982, c. 29, s. 8.
56:8-2.22. Copy of transaction or contract; provision to consumer
It shall be an unlawful practice for a person in connection with a sale of merchandise to require
or request the consumer to sign any document as evidence or acknowledgment of the sales
transaction, of the existence of the sales contract, or of the discharge by the person of any
obligation to the consumer specified in or arising out of the transaction or contract, unless he shall
at the same time provide the consumer with a full and accurate copy of the document so presented
for signature but this section shall not be applicable to orders placed through the mail by the
consumer for merchandise.
L.1982, c. 98, s. 1.
56:8-2.23. Disclosure of profit-making nature
It shall be an unlawful practice for any person, other than a charitable or nonprofit organization,
engaged in the business of selling used goods, wares or merchandise for profit to solicit, by
telephone, by the placement of collection boxes or otherwise, donations of used goods, wares or
merchandise for resale for profit, without first disclosing to the person solicited the profit-making
nature of the business, or if profits are to be shared with a charitable or nonprofit organization, the
portion of profits which that organization will receive. For the purposes of this act, "engaged in
the business of selling used goods, wares or merchandise" means anyone who conducts sales more
than five times a year.
L. 1985, c. 254, s. 1, eff. July 31, 1985.
56:8-2.25 Transaction of business under assumed name, misrepresented geographic origin,
location
1. a. It shall be an unlawful practice for any person conducting or transacting business under
an assumed name and filing a certificate pursuant to R.S.56:1-2 to intentionally misrepresent
that person's geographic origin or location or the geographic origin or location of any
merchandise.
b. A person engaged in the business of advertising shall be immune from liability under this
section for receiving, accepting or publishing any advertisement, irrespective of the medium
or format, submitted or developed for any person conducting or transacting business under an
assumed name.
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L.1997,c.346,s.1.
56:8-2.27 Sale of baby food, non-prescription drugs, cosmetics, certain; unlawful
It shall be an unlawful practice for any person to sell or offer to sell to the public:
a. any non-prescription drug, infant formula or baby food, which is subject to expiration dating
requirements issued by the federal Food and Drug Administration, if the date of expiration has
passed; and
b. any infant formula or baby food which is subject to expiration dating requirements issued
by the federal Food and Drug Administration, any non-prescription drug, or any cosmetic as
defined in subsection h. of R.S.24:1-1, unless that person presents, within five days of the
request, a written record of the purchase of that product, which record or invoice shall
specifically identify the product being sold by the product name, quantity purchased, that
quantity being denoted by item, box, crate, pallet or otherwise, and date of purchase and shall
contain the complete name or business name, address and phone number of the person from
whom that product was purchased. The provisions of this subsection shall not apply to a
transaction involving less than $50 of product between persons selling that product in the same
general market area on the same day.
L.1998,c.5,s.1.
56:8-2.28 Short title
This act shall be known and may be cited as the "Raincheck Policy Disclosure Act."
L.2006,c.59,s.1.
56:8-2.29 Definitions relative to raincheck policy disclosure
As used in this act:
"Advertised" means any attempt, other than by use of a price tag, catalogue or any offering for
sale of a motor vehicle, to directly or indirectly induce the purchase or rental of merchandise at
retail, appearing in any newspaper, magazine, periodical, circular, in-store or out-of-store sign or
other written matter placed before the consuming public, or in any radio or television broadcast.
"Merchandise" means any objects, wares, merchandise, commodities, services or anything
offered directly or indirectly to the public for sale or rental at retail.
"Raincheck" means a written statement issued by a retail mercantile establishment allowing
the purchase of designated merchandise at a previously advertised price.
"Retail mercantile establishment" means any place of business where merchandise is exposed
or offered for sale at retail to members of the consuming public.
L.2006,c.59,s.2.
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56:8-2.30 Posting of raincheck policy by retail mercantile establishment
Every retail mercantile establishment which issues rainchecks to consumers for the sale of
advertised merchandise that is not available throughout the advertised period shall conspicuously
post its raincheck policy on a sign in at least one of the following locations:
a. Affixed to a cash register or location of the point of sale;
b. So situated as to be clearly visible to the buyer;
c. Posted at each store entrance used by the public;
d. At the location where the merchandise was offered for sale;
e. In an advertisement for merchandise; or
f. Printed on the receipt of sale.
L.2006,c.59,s.3.
56:8-2.31 Unlawful practices by retail mercantile establishment relative to rainchecks
It shall be an unlawful practice for any retail mercantile establishment which provides a
raincheck for any advertised merchandise that is not available for immediate purchase to fail to:
a. Honor or satisfy that raincheck within 60 days of issuance, unless an extension of such
time period is agreed to by the holder of the raincheck, provided that if after a good faith effort
a retail mercantile establishment cannot procure for the holder of the raincheck the advertised
merchandise within the 60-day period, the retail mercantile establishment may offer the holder
of the raincheck a different item of merchandise of substantially the same kind, quality and
price of the original advertised merchandise; and
b. For all merchandise with an advertised price greater than $15 per unit, give written or
telephonic notice to the holder of the raincheck when the merchandise is available and inform
the holder of the raincheck that the advertised merchandise will be held for a period of no less
than 10 days from the date of notification or to the end of the 60-day period for which the
raincheck is valid, whichever is longer; and
c. Offer a raincheck to all customers who are unable, due to the unavailability of the
merchandise, to purchase the advertised merchandise during the period of time that the
merchandise has been advertised as available for sale.
L.2006,c.59,s.4.
56:8-2.32 Regulations
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety
may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.) to effectuate the provisions of this act.
L.2006,c.59,s.5.
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56:8-2.33 Discrimination against cash-paying customers prohibited; violations, penalties;
exceptions
a. A person selling or offering for sale goods or services at retail shall not require a buyer to
pay using credit or prohibit cash as payment in order to purchase the goods or services. A person
selling or offering for sale goods or services at retail shall accept legal tender when offered by the
buyer as payment.
b. A person in violation of subsection a. of this section shall be subject to a civil penalty of
up to $2,500 for a first offense and up to $5,000 for a second offense, to be collected in a civil
action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999,
c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the
enforcement of the penalty provided by this section.
A third violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39
(C.56:8-1 et seq.), and for the purposes of this subsection shall be considered a first offense under
P.L.1960, c.39 (C.56:8-1 et seq.).
A fourth or subsequent violation of subsection a. of this section is an unlawful practice under
P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this subsection shall be considered a
subsequent offense under P.L.1960, c.39 (C.56:8-1 et seq.).
c. The provisions of this section shall not apply to:
(1) any person selling goods or services at an airport, provided that at least two persons
selling food at each terminal within the airport accept cash as payment;
(2) any parking facility owned by a municipality, regardless of whether the facility is
operated by the municipality, a parking authority, or an independent third party;
(3) any parking facility that accepts mobile payment, provided that the facility does not
accept payment by any means other than mobile payment;
(4) any company in the business of renting motor vehicles, provided that the company
accepts a cashier's check or a certified check when offered by a buyer as payment; and
(5) any sports or entertainment venue with a seating capacity of 10,000 or more
irrespective of the event held at the venue.
d. As used in this section, "at retail" shall include any retail transaction conducted in person
and exclude any telephone, mail, or Internet-based transaction.
L.2019, c.50, s.1; amended 2021, c.28.
56:8-3. Investigation by attorney general; powers and duties
When it shall appear to the Attorney General that a person has engaged in, is engaging in, or
is about to engage in any practice declared to be unlawful by this act, or when he believes it to be
in the public interest that an investigation should be made to ascertain whether a person in fact has
engaged in, is engaging in or is about to engage in, any such practice, he may:
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(a) Require such person to file on such forms as are prescribed a statement or report in writing
under oath or otherwise, as to all the facts and circumstances concerning the sale or
advertisement of merchandise by such person, and such other data and information as he may
deem necessary;
(b) Examine under oath any person in connection with the sale or advertisement of any
merchandise;
(c) Examine any merchandise or sample thereof, record, book, document, account or paper as
he may deem necessary; and
(d) Pursuant to an order of the Superior Court impound any record, book, document, account,
paper, or sample of merchandise that is produced in accordance with this act, and retain the
same in his possession until the completion of all proceedings in connection with which the
same are produced.
L.1960, c. 39, p. 138, s. 3.
56:8-3.1. Violations; penalty
Upon receiving evidence of any violation of the provisions of chapter 39 of the laws of 1960,
the Attorney General, or his designee, is empowered to hold hearings upon said violation and upon
finding the violation to have been committed, to assess a penalty against the person alleged to have
committed such violation in such amount within the limits of chapter 39 of the laws of 1966 as the
Attorney General deems proper under the circumstances. Any such amounts collected by the
Attorney General shall be paid forthwith into the State Treasury for the general purposes of the
State.
L.1967, c. 97, s. 1, eff. June 8, 1967. Amended by L.1971, c. 247, s. 11, eff. June 29, 1971.
56:8-4. Additional powers
To accomplish the objectives and to carry out the duties prescribed by this act, the Attorney
General, in addition to other powers conferred upon him by this act, may issue subpoenas to any
person, administer an oath or affirmation to any person, conduct hearings in aid of any
investigation or inquiry, promulgate such rules and regulations, and prescribe such forms as may
be necessary, which shall have the force of law.
L.1960, c. 39, p. 139, s. 4.
56:8-5. Service of notice by attorney general
Service by the Attorney General of any notice requiring a person to file a statement or report,
or of a subpoena upon any person, shall be made personally within this State, but if such cannot
be obtained, substituted service therefor may be made in the following manner:
(a) Personal service thereof without this State; or
(b) The mailing thereof by registered mail to the last known place of business, residence or
abode, within or without this State of such person for whom the same is intended; or
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(c) As to any person other than a natural person, in accordance with the Rules Governing the
Courts of the State of New Jersey pertaining to service of process, provided, however, that
service shall be made by the Attorney General; or
(d) Such service as the Superior Court may direct in lieu of personal service within this State.
L.1960, c. 39, p. 139, s. 5.
56:8-6. Failure or refusal to file statement or report or obey subpoena issued by attorney
general; punishment
If any person shall fail or refuse to file any statement or report, or obey any subpoena issued
by the Attorney General, the Attorney General may apply to the Superior Court and obtain an
order:
(a) Adjudging such person in contempt of court;
(b) Granting injunctive relief without notice restraining the sale or advertisement of any
merchandise by such persons;
(c) Vacating, annulling, or suspending the corporate charter of a corporation created by or
under the laws of this State or revoking or suspending the certificate of authority to do business
in this State of a foreign corporation or revoking or suspending any other licenses, permits or
certificates issued pursuant to law to such person which are used to further the allegedly
unlawful practice; and
(d) Granting such other relief as may be required; until the person files the statement or report,
or obeys the subpoena.
L.1960, c. 39, p. 139, s. 6.
56:8-7. Self-incrimination; exemption from prosecution or punishment
If any person shall refuse to testify or produce any book, paper or other document in any
proceeding under this act for the reason that the testimony or evidence, documentary or otherwise,
required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty
or forfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper or
document, he shall comply with such direction.
A person who is entitled by law to, and does assert such privilege, and who complies with
such direction shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any
criminal proceeding which arises out of and relates to the subject matter of the proceeding. No
person so testifying shall be exempt from prosecution or punishment for perjury or false swearing
committed by him in giving such testimony.
L.1960, c. 39, p. 140, s. 7.
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56:8-8. Injunction against unlawful practices; appointment of receiver; additional penalties
Whenever it shall appear to the Attorney General that a person has engaged in, is engaging in
or is about to engage in any practice declared to be unlawful by this act he may seek and obtain in
a summary action in the Superior Court an injunction prohibiting such person from continuing
such practices or engaging therein or doing any acts in furtherance thereof or an order appointing
a receiver, or both. In addition to any other remedy authorized herein the court may enjoin an
individual from managing or owning any business organization within this State, and from serving
as an officer, director, trustee, member of any executive board or similar governing body,
principal, manager, stockholder owning 10% or more of the aggregate outstanding capital stock
of all classes of any corporation doing business in this State, vacate or annul the charter of a
corporation created by or under the laws of this State, revoke the certificate of authority to do
business in this State of a foreign corporation, and revoke any other licenses, permits or certificates
issued pursuant to law to such person whenever such management, ownership, activity, charter
authority license, permit or certificate have been or may be used to further such unlawful practice.
The court may make such orders or judgments as may be necessary to prevent the use or
employment by a person of any prohibited practices, or which may be necessary to restore to any
person in interest any moneys or property, real or personal which may have been acquired by
means of any practice herein declared to be unlawful.
L.1960, c. 39, p. 140, s. 8. Amended by L.1971, c. 247, s. 2, eff. June 29, 1971.
56:8-9. Powers and duties of receiver
When a receiver is appointed by the court pursuant to this act, he shall have the power to sue
for, collect, receive and take into his possession all the goods and chattels, rights and credits,
moneys and effects, lands and tenements, books, records, documents, papers, choses in action,
bills, notes and property of every description, derived by means of any practice declared to be
illegal and prohibited by this act, including property with which such property has been mingled,
if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the
same and hold and dispose of the proceeds thereof under the direction of the court. Any person
who has suffered damages as a result of the use or employment of any unlawful practices and
submits proof to the satisfaction of the court that he has in fact been damaged, may participate
with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket
losses. In the case of a corporation, partnership or business entity the receiver shall settle the estate
and distribute the assets under the direction of the court, and he shall have all the powers and
duties conferred upon receivers by the provisions of Title 14, Corporations, General, so far as the
provisions thereof are applicable. The court shall have jurisdiction of all questions arising in such
proceedings and may make such orders and judgments therein as may be required.
L.1960, c. 39, p. 141, s. 9.
56:8-10. Claims against persons acquiring money or property by unlawful practices
Subject to an order of the court terminating the business affairs of any person after receivership
proceedings held pursuant to this act, the provisions of this act shall not bar any claim against any
person who has acquired any moneys or property, real or personal, by means of any practice herein
declared to be unlawful.
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L.1960, c. 39, p. 142, s. 10.
56:8-11. Costs in actions or proceedings brought by attorney general
In any action or proceeding brought under the provisions of this act, the Attorney General shall
be entitled to recover costs for the use of this State.
L.1960, c. 39, p. 142, s. 11.
56:8-12. Partial invalidity
If any provision of this law or the application thereof to any person or circumstance is held
invalid, the invalidity shall not affect other provisions or applications of the law which can be
given effect without the invalid provision or application, and to this end the provisions of this law
are severable.
L.1960, c. 39, p. 142, s. 12.
56:8-13 Penalties
Any person who violates any of the provisions of the act to which this act is a supplement shall,
in addition to any other penalty provided by law, be liable to a penalty of not more than $10,000
for the first offense and not more than $20,000 for the second and each subsequent offense. The
penalty shall be exclusive of and in addition to any moneys or property ordered to be paid or
restored to any person in interest pursuant to section 2 of P.L.1966, c.39 (C.56:8-14) or section 3
of P.L.1971, c.247 (C.56:8-15).
L.1966,c.39,s.1; amended 1971, c.247, s.9; 1991, c.332; 1999, c.298, s.3; 2001, c.394, s.10.
56:8-14 Enforcement of penalty; process
The Superior Court and every municipal court shall have jurisdiction of proceedings for the
collection and enforcement of a penalty imposed because of the violation, within the territorial
jurisdiction of the court, of any provision of the act to which this act is a supplement. Except as
otherwise provided in this act the penalty shall be collected and enforced in a summary proceeding
pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Process shall be either in the
nature of a summons or warrant and shall issue in the name of the State, upon the complaint of the
Attorney General or any other person.
In any action brought pursuant to this section to enforce any order of the Attorney General or
his designee the court may, without regard to jurisdictional limitations, restore to any person in
interest any moneys or property, real or personal, which have been acquired by any means declared
to be unlawful under this act, except that the court shall restore to any senior citizen twice the
amount or value, as the case may be, of any moneys or property, real or personal, which have been
acquired by any means declared to be unlawful under P.L.1960, c.39 (C.56:8-1 et seq.).
In the event that any person found to have violated any provision of this act fails to pay a civil
penalty assessed by the court, the court may issue, upon application by the Attorney General, a
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warrant for the arrest of such person for the purpose of bringing him before the court to satisfy the
civil penalty imposed.
A person who fails to restore any moneys or property, real or personal, found to have been
acquired unlawfully from a senior citizen shall be subject to punishment for criminal contempt
pursuant to N.J.S.2C:29-9, which is a crime of the fourth degree.
L.1966,c.39,s.2; amended 1971, c.247, s.10; 1991, c.91, s.526; 1999, c.298, s.4.
56:8-14.1 Office of consumer affairs entitled to penalties, fines or fees
In any action in a court of appropriate jurisdiction initiated by the director of any certified
county or municipal office of consumer affairs, the office of consumer affairs shall be entitled, if
successful in the action, to such penalties, fines or fees as may be authorized pursuant to chapter 8
of Title 56 of the Revised Statutes and awarded by the court, and to the reasonable costs of any
such action, including investigative and legal costs, as may be filed with and approved by the court.
Such costs shall be in addition to the taxed costs authorized in successful proceedings under the
Rules Governing the Courts of the State of New Jersey.
As used in this section, "court of appropriate jurisdiction" includes a municipal court in the
municipality where the offense was committed or where the defendant may be found and a central
municipal court in the county where the offense was committed or where the defendant may be
found. However, the term shall not include a municipal court in a city of the first class if the Chief
Justice of the Supreme Court approves a recommendation submitted by the assignment judge of
the vicinage in which the court is located to exempt that court from such jurisdiction.
All moneys collected pursuant to this section shall be paid to the officer lawfully charged with
the custody of the general funds of the county or municipality.
L.1981, c.178, s.1; amended 1991, c.149; 2011, c.181, s.2.
56:8-14.2 Definitions relative to certain deceptive consumer practices
As used in P.L.1999, c.129 (C.56:8-14.2 et seq.):
"Fund" means the Consumer Fraud Education Fund created pursuant to section 5 of P.L.1999,
c.129 (C.56:8-14.6).
"Pecuniary injury" shall include, but not be limited to: loss or encumbrance of a primary
residence, principal employment, or source of income; loss of property set aside for retirement or
for personal or family care and maintenance; loss of payments received under a pension or
retirement plan or a government benefits program; or assets essential to the health or welfare of
the senior citizen or person with a disability.
"Person with a disability" means a natural person who has a physical disability, infirmity,
malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including
epilepsy, and which shall include, but not be limited to, any degree of paralysis, amputation, lack
of physical coordination, blindness or visual impairment, deafness or deaf-blindness or hearing
impairment, inability to speak or speech impairment, or physical reliance on a service animal,
wheelchair, or other remedial appliance or device, or from any mental, psychological, or
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developmental disability resulting from anatomical, psychological, physiological, or neurological
conditions which prevents the normal exercise of any bodily or mental functions or is
demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic
techniques.
"Senior citizen" means a natural person 60 years of age or older.
L.1999, c.129, s.1; amended 2001, c.339; 2017, c.131, s.217.
56:8-14.3. Additional penalties for violation of C.56:8-1 et seq
a. In addition to any other penalty authorized by law, a person who violates the provisions of
P.L.1960, c.39 (C.56:8-1 et seq.) shall be subject to additional penalties as follows:
(1) A penalty of not more than $10,000 if the violation caused the victim of the
violation pecuniary injury and the person knew or should have known that the victim is a
senior citizen or a person with a disability; or
(2) A penalty of not more than $30,000 if the violation was part of a scheme, plan, or
course of conduct directed at senior citizens or persons with disabilities in connection with
sales or advertisements.
The requirement of actual or constructive knowledge is applicable to the additional penalty
provided under paragraph (1) of this subsection only, and is not required to prove a violation of
any other provision of P.L. 1960, c. 39 (C.56:8-1 et seq.).
b. The civil penalties authorized and collected under subsection a. of this section shall be paid
to the State Treasurer and credited to the Consumer Fraud Education Fund created pursuant to
section 5 of P.L.1999, c.129 (C.56:8-14.6).
L.1999,c.129,s.2.
56:8-14.4. Restoration of money, property given priority
Restoration of money or property ordered pursuant to section 2 of P.L.1966, c.39 (C.56:8-14)
or section 3 of P.L.1971, c.247 (C.56:8-15) shall be given priority over imposition of the additional
civil penalties authorized under section 2 of P.L.1999, c.129 (C.56:8-14.3).
L.1999,c.129,s.3.
56:8-14.5 Educational program about consumer protection laws, rights
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety,
in consultation with the Director of the Division of Aging Services in the Department of Human
Services, the directors of the New Jersey Association of Area Agencies on Aging, and the New
Jersey Association of County Offices for Disabled Persons, shall develop and implement an
educational program to inform senior citizens and persons with disabilities about consumer
protection laws and consumer rights, subject to funds made available pursuant to subsection b. of
section 5 of P.L.1999, c.129 (C.56:8-14.6) or any other source. Functions of the program may
include:
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a. The preparation of educational materials regarding consumer protection laws and
consumer rights that are of particular interest to senior citizens and persons with disabilities
and distribution of those materials to the appropriate State and county agencies for
dissemination to senior citizens, persons with disabilities and the public; and
b. The underwriting of educational seminars and other forms of educational projects for the
benefit of senior citizens and persons with disabilities.
L.1999, c.129, s.4; amended 2012, c.17, s.432.
56:8-14.6. Consumer Fraud Education Fund
a. There is established in the General Fund a special fund to be known as the Consumer Fraud
Education Fund. The State Treasurer shall credit to the fund all moneys received by the State
for penalties assessed pursuant to section 2 of P.L.1999, c.129 (C.56:8-14.3). The fund shall
be continuing and nonlapsing. The fund shall be administered by the State Treasurer, and any
interest earned on moneys in the fund shall be credited to the fund.
b. The Division of Consumer Affairs may draw upon the fund to effectuate the purposes of
section 4 of P.L.1999, c.129 (C.56:8-14.5) and to pay reasonable and necessary administrative
expenses incurred in implementing the provisions of this act to the extent that moneys are
available.
L.1999,c.129,s.5.
56:8-14.7. Rules, regulations
The Director of the Division of Consumer Affairs shall, pursuant to the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and
regulations necessary to effectuate the provisions of this act.
L.1999,c.129,s.6.
56:8-15 Additional penalties
In addition to the assessment of civil penalties, the Attorney General or his designee may, after
a hearing as provided in P.L.1967, c.97 (C.56:8-3.1) and upon a finding of an unlawful practice
under this act and the act hereby amended and supplemented, order that any moneys or property,
real or personal, which have been acquired by means of such unlawful practice be restored to any
person in interest, except that if any moneys or property, real or personal, have been acquired by
means of an unlawful practice perpetrated against a senior citizen, the amount of moneys or
property, real or personal, ordered restored shall be twice the amount acquired.
L.1971,c.247,s.3; amended 1999, c.298, s.5.
56:8-16. Remission of penalties
In assessing any penalty under this act and the act hereby amended and supplemented, the
Attorney General or his designee may provide for the remission of all or any part of such penalty
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conditioned upon prompt compliance with the requirements thereof and any order entered
thereunder.
L.1971, c. 247, s. 4, eff. June 29, 1971.
56:8-17 Noncompliance; penalties
Upon the failure of any person to comply within 10 days after service of any order of the
Attorney General or his designee directing payment of penalties or restoration of moneys or
property, the Attorney General may issue a certificate to the Clerk of the Superior Court that such
person is indebted to the State for the payment of such penalty and the moneys or property ordered
restored. A copy of such certificate shall be served upon the person against whom the order was
entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the
name of the person so indebted, and of the State, a designation of the statute under which the
penalty is imposed, the amount of the penalty imposed and the amount of moneys ordered restored,
a listing of property ordered restored, and the date of the certification. Such entry shall have the
same force and effect as the entry of a docketed judgment in the Superior Court. Such entry,
however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior
Court from the final order of the Attorney General or his designee.
A person who fails to restore moneys or property found to have been acquired unlawfully from
a senior citizen shall be subject to punishment for criminal contempt pursuant to N.J.S.2C:29-9,
which is a crime of the fourth degree.
L.1971,c.247,s.5; amended 1999, c.298, s.6.
56:8-18. Cease and desist order; violations; penalty
Where the Attorney General or his designee, after a hearing as provided in P.L.1967, c. 97,
finds that an unlawful practice has been or may be committed, he may order the person committing
such unlawful practice to cease and desist or refrain from committing said practice in the future.
When it shall appear to the Attorney General that a person against whom a cease and desist order
has been entered has violated said order, the Attorney General may initiate a summary proceeding
in the Superior Court for the violation thereof. Any person found to have violated a cease and
desist order shall pay to the State of New Jersey civil penalties in the amount of not more than
$25,000.00 for each violation of said order. In the event that any person fails to pay a civil penalty
assessed by the court for violation of a cease and desist order, the court assessing the unpaid penalty
is authorized, upon application of the Attorney General, to grant any relief which may be obtained
under any statute or court rule governing the collection and enforcement of penalties.
L.1971, c. 247, s. 6, eff. June 29, 1971.
56:8-19 Action, counterclaim by injured person; recovery of damages, costs
Any person who suffers any ascertainable loss of moneys or property, real or personal, as a
result of the use or employment by another person of any method, act, or practice declared unlawful
under this act or the act hereby amended and supplemented may bring an action or assert a
counterclaim therefor in any court of competent jurisdiction. In any action under this section the
court shall, in addition to any other appropriate legal or equitable relief, award threefold the
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damages sustained by any person in interest. In all actions under this section, including those
brought by the Attorney General, the court shall also award reasonable attorneys' fees, filing fees
and reasonable costs of suit.
L.1971,c.247,s.7; amended 1997, c.359.
56:8-19.1 Exemption from consumer fraud law, certain real estate licensees, circumstances
Notwithstanding any provision of P.L.1960, c.39 (C.56:8-1 et seq.) to the contrary, there shall
be no right of recovery against a real estate broker, broker-salesperson or salesperson licensed
under R.S.45:15-1 et seq. for the communication of any false, misleading or deceptive information
provided to the real estate broker, broker-salesperson or salesperson, regarding real estate located
in New Jersey, if the real estate broker, broker-salesperson or salesperson demonstrates that he:
a. Had no actual knowledge of the false, misleading or deceptive character of the information;
and
b. Made a reasonable and diligent inquiry to ascertain whether the information is of a false,
misleading or deceptive character. For purposes of this section, communications by a real
estate broker, broker-salesperson or salesperson which shall be deemed to satisfy the
requirements of a "reasonable and diligent inquiry" include, but shall not be limited to,
communications which disclose information:
(1) provided in a report or upon a representation by a person, licensed or certified by
the State of New Jersey, including, but not limited to, an appraiser, home inspector,
plumber or electrical contractor, or an unlicensed home inspector until December 30, 2005,
of a particular physical condition pertaining to the real estate derived from inspection of
the real estate by that person;
(2) provided in a report or upon a representation by any governmental official or
employee, if the particular information of a physical condition is likely to be within the
knowledge of that governmental official or employee; or
(3) that the real estate broker, broker-salesperson or salesperson obtained from the
seller in a property condition disclosure statement, which form shall comply with
regulations promulgated by the director in consultation with the New Jersey Real Estate
Commission, provided that the real estate broker, broker-salesperson or salesperson
informed the buyer that the seller is the source of the information and that, prior to making
that communication to the buyer, the real estate broker, broker-salesperson or salesperson
visually inspected the property with reasonable diligence to ascertain the accuracy of the
information disclosed by the seller. In addition to any other question as the director shall
deem necessary, the property condition disclosure statement shall include a question
specifically concerning the presence of lead plumbing, including but not limited to any
service line, piping materials, fixtures, and solder, in the residential property.
Nothing in this section shall be interpreted to affect the obligations of a real estate broker,
broker-salesperson or salesperson pursuant to the "New Residential Construction Off-Site
Conditions Disclosure Act," P.L.1995, c.253 (C.46:3C-1 et seq.), or any other law or regulation.
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L.1999,c.76,s.1; amended 2004, c.18, s.2; 2021, c.264; 2021, c.268.
56:8-20. Notice to attorney general of action or defense by injured person; intervention
Any party to an action asserting a claim, counterclaim or defense based upon violation of this
act or the act hereby amended or supplemented shall mail a copy of the initial or responsive
pleading containing the claim, counterclaim or defense to the Attorney General within 10 days
after the filing of such pleading with the court. Upon application to the court wherein the matter
is pending, the Attorney General shall be permitted to intervene or to appear in any status
appropriate to the matter.
L.1971, c. 247, s. 8, eff. June 29, 1971.
56:8-21. Short title
This act shall be known and may be cited as the "Unit Price Disclosure Act".
L.1975, c. 242, s. 1.
56:8-22. Definitions
As used in this act: "Consumer commodity" means any merchandise, wares, article, product,
comestible or commodity of any kind or class produced, distributed or offered for retail sale for
consumption by individuals other than at the retail establishment, or for use by individuals for
purposes of personal care or in the performance of services rendered within the household, and
which is consumed or expended in the course of such use.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Price per measure" means the retail price of a consumer commodity expressed per such unit
of weight, standard measure or standard count as the director shall designate by regulation.
"Person" means any natural person, partnership, corporation or other organization engaged in
the sale, display or offering for sale of consumer commodities at retail from one or more retail
establishments whose combined total floor area exceeds 4,000 square feet or whose combined total
annual gross receipts from the sale of consumer commodities in the preceding year exceed $2
million.
L.1975, c. 242, s. 2.
56:8-23. Exposure or offer for sale at retail of consumer commodity; mark of price per
measure
It shall be an unlawful practice for any person to expose or offer for sale at retail any consumer
commodities, except as specifically exempted by the director in accordance with section 4 of this
act, unless said consumer commodities shall be plainly marked by a stamp, tag, label or sign at the
point of display with the price per measure of such consumer commodity.
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L.1975, c. 242, s. 3.
56:8-24. Unit pricing regulations; hearings; exemptions; retail establishments and
commodities list
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety
may by regulation, and in each instance after public hearing, provide for the manner in which
price per measure shall be calculated and displayed, establish and modify a list of commodities
exempt from the provisions of this act, and define the classes of retail establishment exempted
from the requirements of this act; provided that in no case shall persons with annual gross receipts
from the sale of consumer commodities in the preceding tax year of more than $2 million from all
retail establishments with a total floor area of more than 4,000 square feet each be exempt from
the provisions of this act, and provided further that the director, in promulgating unit-pricing
regulations, shall not exempt consumer commodities or retail establishments from the provisions
of this act except where compliance therewith would be impractical, unreasonably burdensome or
unnecessary for adequate protection of consumers. The Director of the Division of Consumer
Affairs shall maintain at all times and make public a clearly defined list of specific commodities
exempt from the provisions of this act and of all classes of retail commodities and all classes of
retail establishments required to be in compliance with this act and any regulations issued
hereunder.
L.1975, c. 242, s. 4.
56:8-25. Other regulations
The director, pursuant to the provisions of the Administrative Procedures Act, P.L.1968, c. 410
(C. 52:14B-1 et seq.), shall promulgate such other regulations as shall be necessary in his discretion
to effectuate the purposes of this act.
L.1975, c. 242, s. 5.
56:8-26 Definitions
As used in this act:
a. "Director" means the director of the Division of Consumer Affairs in the Department of
Law and Public Safety.
b. "Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
c. "Person" means corporations, companies, associations, societies, firms, partnerships and
joint stock companies as well as individuals.
d. "Place of entertainment" means any privately or publicly owned and operated
entertainment facility within this State, such as a theater, stadium, museum, arena, racetrack or
other place where performances, concerts, exhibits, games or contests are held and for which
an entry fee is charged.
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e. "Ticket" means any physical, electronic, or other evidence that the possessor of that
evidence has a license to enter a place of entertainment for one or more events at the place of
entertainment, at the date and time or dates and times specified on the ticket, subject to the
terms and conditions specified by the ticket issuer.
f. "Ticket broker" means any person situated in and operating in this State who is involved
in the business of reselling tickets of admission to places of entertainment and who charges a
premium in excess of the price, plus taxes, printed on the tickets. For the purposes of P.L.1983,
c.135 (C.56:8-26 et seq.), the term "ticket broker" shall not include an individual not regularly
engaged in the business of reselling tickets, who resells less than 30 tickets during any one-
year period, and who obtained the tickets for his own use, or the use of his family, friends, or
acquaintances.
g. "Resale" means a sale by a person other than the owner or operator of a place of
entertainment or of the entertainment event or an agent of any such person. Resale shall not
include the first sale or distribution of a ticket by a ticket issuer.
h. "Resell" means to offer for resale or to consummate a resale.
i. "Digger" means a person temporarily hired for the purpose of securing tickets by
intimidating a purchaser waiting in line to procure event tickets.
j. "Reseller" means any person, other than a ticket issuer or ticket resale website, who resells
a ticket.
k. "Ticket issuer" means any person, other than a ticket resale website or reseller, that makes
tickets available, directly or indirectly, to the general public, and may include, as applicable,
the owner or operator of a place of entertainment, the producer or promoter of an event, a sports
team or sports league of teams, a theater company, musical group or similar participant in an
event, or an agent for any such person.
l. "Ticket resale website" means an online platform that provides a forum for the buying and
selling of tickets, but does not include a ticket broker, ticket issuer, reseller, or place of
entertainment.
L.1983, c.135, s.1; amended 1983, c.220, s.1; 2001, c.394, s.1; 2008, c.55, s.1; 2018, c.117,
s.1.
56:8-27 Requirements for ticket broker
No ticket broker shall engage in or continue in the business of reselling tickets for admission
to a place of entertainment without meeting the following requirements:
a. Owning, operating or maintaining a permanent office, branch office, bureau, agency, or
other place of business, not including a post office box, for the purpose of reselling tickets;
b. Obtaining a certificate of registration to resell or engage in the business of reselling tickets
from the director;
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c. Listing the ticket broker's registration number in any form of advertisement or solicitation
in which tickets are being sold for the purpose of purchase by the general public for events in
this State;
d. Maintaining records of ticket sales, deposits and refunds for a period of not less than two
years from the time of any of these transactions;
e. Disclosing to the purchaser, by means of verbal description or a map, the location of the
seats represented by the tickets;
f. Disclosing to the purchaser the cancellation policy of that broker;
g. Disclosing that a service charge is added by the ticket broker to the stated price on the
tickets and is included by the broker in any advertisement or promotion for an event;
h. Disclosing to the purchaser, whenever applicable, that the ticket broker has a guarantee
policy. If a ticket broker guarantees delivery of tickets to a purchaser and fails to deliver the
tickets, the ticket broker shall provide a full refund for the cost of the tickets;
i. Disclosing to the purchaser of tickets when he is utilizing a tentative order policy, popularly
known as a "try and get." When a ticket broker fails to obtain tickets on a "try and get" basis,
the broker shall refund any deposit made by a purchaser of those tickets within a reasonable
time, as shall be determined by the director;
j. When guaranteeing tickets in conjunction with providing a tour package, a ticket broker
who fails to provide a purchaser with those tickets shall refund fully the price of the tour
package and tickets; and
k. Providing to a purchaser of tickets who cancels an order a full refund for the cost of the
tickets less shipping charges, if those tickets are returned to the broker within three days after
receipt; provided, that when tickets are purchased within seven days of an event, a refund shall
be given only if the tickets are returned within one day of receipt; and further provided, that no
refund shall be given on any tickets purchased within six days of an event unless the ticket
broker is able to resell the tickets.
L.1983,c.135,s.2; amended 1983, c.220, s.2; 2001, c.394, s.2.
56:8-28 Application for registration, fee
a. The division shall prepare and furnish to applicants for registration application forms and
requirements prescribed by the director pertaining to the applications for and the issuance of
certificates of registration to ticket brokers.
b. Every applicant for a certificate of registration to engage in the business of reselling tickets
as a ticket broker shall file a written application with the division on the form furnished by,
and consistent with, the regulations prescribed by the director.
c. Each application shall be accompanied by a fee which shall be determined by the director
and shall not exceed $500, and a description of the location where the applicant proposes to
conduct his business.
L.1983,c.135,s.3; amended 2001, c.394, s.3.
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56:8-29 Issuance of certificate of registration
a. Within 120 days after receipt of the completed application, fee and bond, if any, and when
the director is satisfied that the applicant has complied with all of the requirements of this act,
the director shall grant and issue a certificate of registration to the applicant.
b. The certificate of registration granted may be renewed for a period of two years upon the
payment of a renewal fee which shall be determined by the director and shall not exceed $500.
c. No certificate of registration shall be transferred or assigned without the approval of the
director. Any request for a change in the location of the premises operated by any registrant
situated in and operating in this State shall be submitted to the director in writing no less than
30 days prior to that relocation. The certificate of registration shall run to January 1 in the
second year next ensuing the date thereof unless sooner revoked by the director.
L.1983,c.135,s.4; amended 2001, c.394, s.4.
56:8-30 Bond required to engage in business of reselling tickets as a ticket broker
The director shall require the applicant for a certificate of registration to engage in the business
of reselling tickets as a ticket broker to file with the application a bond in the amount of $10,000.00
with two or more sufficient sureties or an authorized surety company, which bond shall be
approved by the director.
Each bond shall be conditioned on the promise that the applicant, his agents or employees will
not be guilty of fraud or extortion, will not violate any of the provisions of this act, will comply
with the rules and regulations promulgated by the director, and will pay all damages occasioned
to any person by reason of misstatement, misrepresentation, fraud or deceit or any unlawful act or
omission in connection with the provisions of this act and the business conducted under this act.
L.1983,c.135,s.5; amended 2001, c.394, s.5.
56:8-31. Revocation or suspension of license
The director, after notice to the licensee and reasonable opportunity for the licensee to be heard,
may revoke his license or may suspend his license for any period which the director deems proper,
upon satisfactory proof that the licensee has violated this act, any condition of his license or any
rule or regulation of the division promulgated pursuant to this act.
L.1983, c. 135, s. 6.
56:8-32. Display of license; copies
Immediately upon the receipt of the license issued pursuant to this act, the licensee shall display
and maintain his license in a conspicuous place in his principal office for reselling tickets. He
shall request copies of the license from the director for the purpose of displaying a copy of the
license in each branch office, bureau or agency and the director may charge a fee for the copies.
L.1983, c. 135, s. 7.
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56:8-33 Notification to purchaser of price of ticket, reselling of tickets limited
a. The seller of a ticket shall notify a ticket purchaser of the purchase price of a ticket prior to
the purchase of that ticket from that ticket seller by that purchaser.
b. No reseller other than a registered ticket broker shall resell or purchase with the intent to
resell a ticket for admission to a place of entertainment at a maximum premium in excess of
20% of the ticket price or $3.00, whichever is greater, plus lawful taxes. No registered ticket
broker shall resell or purchase with the intent to resell a ticket for admission to a place of
entertainment at a premium in excess of 50% of the price paid to acquire the ticket, plus lawful
taxes.
c. Notwithstanding the provisions of subsection a. or b. of this section, nothing shall limit the
price for the resale or purchase of a ticket for admission to a place of entertainment sold by
any reseller other than a registered ticket broker, provided such resale or purchase is made
through an Internet web site.
L.1983, c.135, s.8; amended 1983, c.220, s.3; 2001, c.394, s.6; 2008, c.55, s.2; 2018, c.117,
s.2.
56:8-34 Reselling of tickets prohibited in certain areas; reselling regulated
a. No person shall resell or purchase with the intent to resell any ticket, in or on any street,
highway, driveway, sidewalk, parking area, or common area owned by a place of entertainment
in this State, or any other area adjacent to or in the vicinity of any place of entertainment in
this State as determined by the director; except that a person may resell, in an area which may
be designated by a place of entertainment in this State, any ticket or tickets originally purchased
for his own personal or family use at no greater than the lawful price permitted under P.L.1983,
c.135 (C.56:8-26 et seq.).
b. Notwithstanding any other provision of law, any reseller or ticket resale website shall
guarantee to each purchaser of resold tickets that the reseller or ticket resale website will
provide a full refund of the amount paid by the purchaser, including, but not limited to, all fees,
regardless of how characterized, if any of the following occurs:
(1) the event for which that ticket has been resold is cancelled, provided that if the
event is cancelled, then actual handling and delivery fees need not be refunded as long as
that previously disclosed guarantee specifies that those fees will not be refunded; or
(2) the ticket received by the purchaser does not grant the purchaser admission to the
event described on the ticket, for reasons that may include, but are not limited to, that the
ticket is counterfeit, the ticket has been cancelled by the ticket issuer due to non-payment,
or the event described on the ticket was cancelled for any reason prior to purchase of the
resold ticket, unless the ticket is cancelled due to an act or omission by that purchaser.
c. (1) No reseller shall employ a tentative ticket policy whereby the reseller sells tickets that
are not in the reseller's possession at the time of sale, unless that policy is disclosed to a ticket
purchaser at the outset of the transaction. That disclosure shall include an approximate delivery
date and the number of tickets that are guaranteed together, including the zone or section
number. If the reseller is unsuccessful in securing those tickets, the reseller shall refund any
deposit made by a purchaser of those tickets within 10 days after the event.
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(2) A reseller shall not sell a ticket for the same seat to more than one person at the
same time.
d. No person shall use or cause to be used any means, method or technology that is designed,
intended or functions to disguise the identity of the purchaser with the purpose of purchasing
or attempting to purchase a quantity of tickets to a place of entertainment in excess of
authorized limits established by a ticket issuer.
e. No person shall use or cause to be used software, or any other technology or device, that is
designed, intended or functions to interfere with a computer, computer network, or computer
system, or any part thereof, for the purpose of purchasing or attempting to purchase or obtain
access to a quantity of tickets to a place of entertainment in excess of authorized limits
established by a ticket issuer, or that is designed, intended or functions to circumvent or disable
any access control systems, electronic queues, waiting periods or other sales volume limitation
systems to ensure the equitable distribution of tickets instituted on the website of the ticket
issuer.
L.1983, c.135, s.9; amended 1983, c.220, s.4; 2001, c.394, s.7; 2018, c.117, s.3.
56:8-35 Special treatment prohibited
Any person who gives or offers anything of value to an employee of a place of entertainment,
in that employee's individual capacity, and not in that employee's capacity as an employee, in
exchange for, or as an inducement to, special treatment by that employee with respect to obtaining
tickets, or any employee of a place of entertainment who receives or solicits anything of value, in
that employee's individual capacity, and not in that employee's capacity as an employee, in
exchange for special treatment by that employee with respect to issuing tickets, shall be in violation
of P.L.1983, c.135 (C.56:8-26 et seq.).
amended 1983, c.220, s.5; 2018, c.117, s.4.
56:8-35.4 Use of digger unlawful
It shall be an unlawful practice for a person to use a digger to acquire any ticket.
L.2001,c.394,s.12.
56:8-35.5. Definitions relative to Internet ticket sales
a. As used in this section:
"Internet domain name" means a globally unique, hierarchical reference to an Internet host or
service, which is assigned through centralized Internet naming authorities and which is comprised
of a series of character strings separated by periods, with the right-most string specifying the top
of the hierarchy.
"Ticket website" means an Internet website advertising, offering for sale, selling, or reselling
tickets to any event at a place of entertainment in New Jersey.
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"Website operator" means a person owning, operating, or controlling a ticket website for any
event at a place of entertainment in New Jersey.
b. (1) Except as provided in paragraph (2) of this subsection, a website operator shall not sell
or offer to sell a ticket to a New Jersey resident through a ticket website if the website operator
intentionally uses an Internet domain name that contains any of the following:
(a) the name of the place of entertainment or any name that is substantially similar; or
(b) the name of the event or any name that is substantially similar, including the name of the
person or entity scheduled to perform or appear at the place of entertainment.
(2) Paragraph (1) of this subsection shall not apply to a website operator who is
authorized by the place of entertainment to act on its behalf.
c. A violation of subsection b. of this section is an unlawful practice pursuant to P.L.1960,
c.39 (C.56:8-1 et seq.).
L.2019, c.8, s.1.
56:8-36. Rules and regulations
The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.
410 (C. 52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act.
L.1983, c. 135, s. 11.
56:8-37 Violations; penalties
a. Any person who violates P.L.1983, c.135 (C.56:8-26 et seq.) shall be subject to all remedies
and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
b. In addition to any other penalty provided by law, any person who violates any provision of
P.L.1983, c.135 (C.56:8-26 et seq.) shall be guilty of a crime of the fourth degree.
L.1983, c.135, s.12; amended 2018, c.117, s.5.
56:8-38. Nonprofit or political organizations; application of act
The provisions of this act shall not apply to any person who sells, raffles or otherwise disposes
of the ticket for a bona fide nonprofit or political organization when the premium proceeds are
devoted to the lawful purposes of the organization.
L.1983, c. 135, s. 13.
56:8-39. Definitions
As used in this act:
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a. "Director" means the Director of the Division of Consumer Affairs in the Department of
Law and Public Safety.
b. "Health club" means an establishment which devotes or will devote 40% or more of its
square footage to providing services or facilities for the preservation, maintenance,
encouragement or development of physical fitness or physical well-being. The term includes
an establishment designated as "reducing salon," "health spa," "spa," "exercise gym," "health
studio," "health club," or by other terms of similar import.
c. "Health club services" means those services offered by a health club for the preservation,
maintenance, encouragement or development of physical fitness or physical well-being.
d. "Health club services contract" means an agreement under which the buyer of health club
services purchases or becomes obligated to purchase health club services.
e. "Operating day" means any calendar day on which patrons may inspect and use the health
club's facilities and services during a period of at least eight hours, except holidays and
Sundays.
L. 1987, c. 238, s. 1.
56:8-40. Registration
Each person who sells or offers for sale health club services in this State shall register with the
director on forms the director provides. The registration shall be renewed every two years. Upon
the sale of the health club facility or a change in the majority ownership of the stock of the
corporate owner, the health club facility shall reregister with the director and shall pay the
registration fee. The person shall provide the full name and address of each business location
where health club services are sold in the State as well as any other information regarding the
ownership and operation of each health club that the director deems appropriate. The registration
and renewal fees shall be established or changed by the director and shall be fixed at a level to
allow for the proper administration and enforcement of this act, but shall not be fixed at a level
that will raise amounts in excess of the amount estimated to be so required.
L. 1987, c. 238, s. 2.
56:8-41. Security
a. A person who sells or offers for sale health club services shall, for each health club facility
operated in the State, maintain a bond issued by a surety authorized to transact business in this
State or maintain an irrevocable letter of credit by a bank or maintain with the director
securities, moneys or other security acceptable to the director to fulfill the requirements of this
subsection. The principal sum of the bond, letter of credit, or securities, moneys or other
security shall be 10% of the health club's gross income for health club services during the club's
last fiscal year, except that the principal sum of the bond, letter of credit, or securities, moneys
or other security shall not be less than $25,000.00, nor more than $50,000.00. However, the
principal sum of the bond, letter of credit, or securities, moneys or other security shall be
$50,000.00 for any period of time that a person sells or offers for sale health club services prior
to the opening of the health club facility. After the health club facility opens, the bond, letter
of credit, or securities, moneys or other security shall be adjusted to the appropriate sum. The
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bond, letter of credit, or securities, moneys or other security shall be filed or deposited with
the director and shall be executed to the State of New Jersey for the use of any person who,
after entering into a health club services contract, is damaged or suffers any loss by reason of
breach of contract or bankruptcy by the seller. Any person claiming against the bond, letter of
credit, or securities, moneys, or other security may maintain an action at law against the health
club and the surety, bank or director, as the case may be. The aggregate liability of the surety,
bank, or the director to all persons for all breaches of the conditions of the bond, letter of credit,
or the securities, moneys or other security held by the director shall not exceed the amount of
the bond, letter of credit, or the securities, moneys or other security held by the director.
In the case of a bond, the health club shall file a copy of the bond with the director and a
certificate by the surety that the surety will notify the director at least 10 days in advance of the
date of any cancellation or material change in the bond.
b. The provisions of subsection a. of this section shall not be applicable to a person who sells
or offers for sale health club services in which the buyer of the health club services purchases
or becomes obligated to purchase health club services to be rendered over a period no longer
than three months and in which the seller of the health club services requires or collects no
more than three months' payment in advance. The person who sells or offers for sale health
club services under contracts provided for in this subsection shall file with the director, within
30 days following the effective date of this act and no later than January 15 of every even-
numbered year, a declaration, executed under penalty of perjury, stating he sells or offers for
sale only health club services under contracts which comply with this subsection. Any person
who has filed a declaration pursuant to this subsection and who intends to sell or offer for sale
health club services under contracts with longer terms or greater payments in advance than
those provided in this subsection shall comply with subsection a. of this section.
L. 1987, c. 238, s. 3.
56:8-42. Health club services contract
a. Every contract for health club services shall be in writing. A copy of the written contract
shall be given to the buyer at the time the buyer signs the contract.
b. A health club services contract shall specifically set forth in a conspicuous manner on the
first page of the contract the buyer's total payment obligation for health club services to be
received pursuant to the contract.
c. A health club services contract of a health club facility which maintains a bond, irrevocable
letter of credit or securities, moneys or other security pursuant to subsection a. of section 3 of
this act shall set forth that a bond, irrevocable letter of credit or securities, moneys or other
security is filed or deposited with the Director of the Division of Consumer Affairs to protect
buyers of these contracts who are damaged or suffer any loss by reason of breach of contract
or bankruptcy by the seller.
d. Services to be rendered to the buyer under the contract shall not obligate the buyer for more
than three years from the date the contract is signed by the buyer.
e. A contract for new or increased health club services may be cancelled by the buyer for any
reason at any time before midnight of the third operating day after the buyer receives a copy
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of the contract. In order to cancel a contract the buyer shall notify the health club of
cancellation in writing, by registered or certified mail, return receipt requested, or personal
delivery, to the address specified in the contract. All moneys paid pursuant to the cancelled
contract shall be fully refunded within 30 days of receipt of the notice of cancellation. If the
customer has executed any credit or loan agreement through the health club to pay all or part
of health club services, the negotiable instrument executed by the buyer shall also be returned
within 30 days. The contract shall contain a conspicuous notice printed in at least 10-point
bold-faced type as follows:
"NOTICE TO CUSTOMER
You are entitled to a copy of this contract at the time you sign it.
You may cancel this contract at any time before midnight of the third operating day after
receiving a copy of this contract. If you choose to cancel this contract, you must either:
1. Send a signed and dated written notice of cancellation by registered or certified mail,
return receipt requested; or
2. Personally deliver a signed and dated written notice of cancellation to:
..................................... (Name of health club) ..................................... (Address of health club)
If you cancel this contract within the three-day period, you are entitled to a full refund of
your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is
mailed or delivered as specified in this notice on the next operating day. Refunds must be made
within 30 days of receipt of the cancellation notice to the health club.
'Operating day' means any calendar day on which patrons may inspect and use the health
club's facilities and services during a period of at least eight hours, except holidays and Sundays."
f. A health club services contract shall provide that it is subject to cancellation by notice sent
by registered or certified mail, return receipt requested, or personally delivered, to the address
of the health club specified in the contract upon the buyer's death or permanent disability, if
the permanent disability is fully described and confirmed to the health club by a physician. In
a cancellation under this subsection, the health club may retain the portion of the total contract
price representing the services used plus reimbursement for expenses incurred in an amount
not to exceed 10% of the total contract price.
g. A health club services contract shall provide that it is subject to cancellation by notice sent
by registered or certified mail, return receipt requested, or personally delivered, to the address
of the health club specified in the contract upon the buyer's change of permanent residence to
a location more than 25 miles from the health club or an affiliated health club offering the same
or similar services and facilities at no additional expense to the buyer. In a cancellation under
this subsection, the health club may require proof of the new permanent residence and may
retain a prorated share of the total contract price based upon the date the notice was received
plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract
price.
h. A health club services contract shall provide that if a health club facility is closed for a period
longer than 30 days through no fault of the buyer of the health club services contract, the buyer
is entitled to either extend the contract for a period equal to that during which the facility is
closed or to receive a prorated refund of the amount paid by the buyer under the contract.
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i. A health club services contract shall not obligate the buyer to renew the contract.
j. If a health club facility is not in existence on the date the contract is executed, the health club
services contract shall provide that a buyer of a contract may cancel the contract if the facility
is not open for business on a date which shall be set forth in the contract and receive a full
refund of any deposit or payment on the contract.
L. 1987, c. 238, s. 4.
56:8-43. Right of action
a. A health club services contract shall not require the execution of any note or series of notes
by the buyer which, if separately negotiated, will cut off as to third parties any right of action
or defense which the buyer has against the health club.
b. A right of action or defense arising out of a health club services contract which the buyer
has against the health club shall not be cut off by assignment of the contract whether or not the
assignee acquires the contract in good faith and for value.
L. 1987, c. 238, s. 5.
56:8-44. 25% limit
A health club may not charge and accept a down payment exceeding 25% of the total contract
price prior to opening the health club facility.
L. 1987, c. 238, s. 6.
56:8-45. Contracts voidable
a. Any health club services contract entered into in reliance upon any fraudulent or
substantially and willfully false or misleading information, representation, notice or
advertisement of the health club is voidable at the option of the buyer of the contract. Any
health club services contract which does not comply with the applicable provisions of this act
is voidable at the option of the buyer of the contract.
b. Any waiver by the buyer of the provisions of this act is void.
L. 1987, c. 238, s. 7.
56:8-46. Violation
It is an unlawful practice and a violation of P.L. 1960, c. 39 (C. 56:8-1 et seq.) to violate the
provisions of this act.
L. 1987, c. 238, s. 8.
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56:8-47. Nonapplicability
The provisions of this act shall not apply to any nonprofit public or private school, college or
university; the State or any of its political subdivisions; or any bona fide nonprofit, religious,
ethnic, or community organization.
L. 1987, c. 238, s. 9.
56:8-48. Rules, regulations
The director shall adopt pursuant to the provisions of the "Administrative Procedure Act," P.L.
1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of
this act.
L. 1987, c. 238, s. 10.
56:8-49. Definitions
As used in this act:
"Dealer" means a person who sells a toy or other article intended for use by children at retail.
A dealer who sells at wholesale a toy or article subject to this act shall, with respect to that sale,
be considered the distributor of that toy or article.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Distributor" means a person who sells a toy or other article intended for use by children at
wholesale.
"Manufacturer" means a person who manufactures or imports a toy or other article intended
for use by children for distribution in this State, except that when the toy or other article is
distributed or sold under a name other than that of the actual manufacturer or the toy or other
article, the term "manufacturer" includes any person under whose name the toy or other article is
distributed or sold.
L.1991,c.295,s.1.
56:8-50. Notice of defect or hazard in children's products to director
Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S.
Consumer Product Safety Commission, is required to give public notice with regard to a defect or
hazard in any toy or other article intended for use by children of this State shall notify, at the same
time and in like manner, the director. The requirements of this section also apply to any such
notice that is given voluntarily.
L.1991,c.295,s.2.
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56:8-51. Dealer display of notification
A dealer who is notified by a manufacturer, a distributor or the U.S. Consumer Product Safety
Commission of a defective or hazardous toy or other article intended for use by children shall
prominently display that notification for at least 120 days after its receipt in each premises where
the toy or article would normally be sold. The notification shall be displayed in an area readily
accessible to the public and its content shall be easily readable by a person of normal vision.
L.1991,c.295,s.3.
56:8-52. Inspection program; regulations
a. The director shall establish an inspection program to insure that dealers in toys and other
articles intended for use by children comply with section 3 of this section. The director also
shall periodically publish and disseminate to the public a summary of defective and hazardous
toys and other articles intended for use by children.
b. The director shall adopt all regulations necessary to carry out the purposes of this act, in
accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1991,c.295,s.4.
56:8-53. Allocation of penalty monies
The monies collected as penalties for violations of this act shall be allocated to the Division of
Consumer Affairs in the Department of Law and Public Safety.
L.1991,c.295,s.5.
56:8-53.1 Definitions relative to child product safety
As used in this act:
"Child" means a person less than 14 years of age.
"Children's product" means a product, including, but not limited to, a full-size crib, non-full-
size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate
or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller,
walker, swing, or toy or play equipment, that meets the following criteria:
a. the product is designed or intended for the care of, or use by, a child; or
b. the product is designed or intended to come into contact with a child while the product is
used.
Notwithstanding any other provision of this section to the contrary, a product is not a
"children's product" for the purposes of this act if it may be used by or for the care of a child, but
it is designed or intended for use by the general population or segments of the general population
and not solely or primarily for use by or for the care of a child, or it is a balloon, medication, drug,
or food or is intended to be ingested.
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"Commercial user" means any person who deals in children's products or who otherwise by
one's occupation holds oneself out as having knowledge or skill peculiar to children's products, or
any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or
otherwise placing in the stream of commerce children's products.
"Crib" means a bed or containment designed to accommodate an infant.
"Full-size crib" means a full-size crib as defined in Sections 1508.1 and 1508.3 of title 16,
Code of Federal Regulations regarding the requirements for full-size cribs.
"Non-full-size crib" means a non-full-size crib as defined in Section 1509.2 of title 16, Code
of Federal Regulations regarding the requirements of non-full-sized cribs.
"Place in the stream of commerce" means to sell, offer for sale, give away, offer to give away,
or allow the use of.
L.2007,c.124,s.1.
56:8-53.2 Unlawful practices relative to children's products deemed unsafe
a. It shall be an unlawful practice for any commercial user to knowingly remanufacture,
retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of
commerce a children's product deemed unsafe in accordance with this section.
b. A children's product is deemed to be unsafe for purposes of this section if it meets any of
the following criteria:
(1) it has been recalled for any reason by a federal agency or the product's
manufacturer, distributor, or importer and the recall has not been rescinded; or
(2) a federal agency has issued a warning that a specific product's intended use
constitutes a safety hazard and the warning has not been rescinded.
L.2007,c.124,s.2.
56:8-53.3 Duties of Division of Consumer Affairs; immunity from liability
a. The Division of Consumer Affairs in the Department of Law and Public Safety shall:
(1) create, maintain, and update a comprehensive list of children's products that have
been identified as meeting any of the criteria set forth in section 2 of P.L.2007, c.124
(C.56:8-53.2); and
(2) make the comprehensive list available to the public at no cost, including, but not
limited to, posting the list on the Internet.
b. The Division of Consumer Affairs shall not be liable for any civil damages as a result of any
acts or omissions undertaken in good faith in the creation, maintenance or updating of the list
of children's products in accordance with subsection a. of this section.
L.2007,c.124,s.3.
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56:8-53.4 Retrofitting of children's products
A children's product deemed unsafe in accordance with P.L.2007, c.124 (C.56:8-53.1 et al.) as
a result of a recall or warning issued by a federal agency, may be retrofitted by the manufacturer
if the retrofit has been approved by the federal agency issuing the recall or warning or another
federal agency with the authority to approve the retrofit. A retrofitted children's product may be
placed in the stream of commerce. A commercial user is responsible for maintaining a record of
any notice provided by the manufacturer concerning a retrofitted children's product stating that the
retrofit has been approved by the federal agency issuing the recall or warning or another federal
agency with the authority to approve the retrofit.
L.2007,c.124,s.4.
56:8-53.5 Rules, regulations
a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the
Director of the Division of Consumer Affairs in the Department of Law and Public Safety,
may adopt rules and regulations to effectuate the purposes of sections 1 through 4 of this act.
b. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the
Commissioner of Children and Families shall adopt rules and regulations to effectuate the
purposes of section 5 of this bill.
L.2007,c.124,s.6.
56:8-54. Application of consumer fraud act to information services
An information service constitutes a service within the term "merchandise" as defined in
P.L.1960, c.39 (C.56:8-1 et seq.), and the provisions of that law concerning the advertisement and
sale of merchandise shall have the same application to the advertisement and sale of an information
service.
L.1991,c.416,s.1.
56:8-55. Definitions
For the purposes of this act:
"Automatic dialing device" means equipment capable of being programmed to randomly or
sequentially dial seven-digit or ten-digit telephone numbers and, upon connection, play back a pre-
recorded message.
"Information service" means live or pre-recorded voice or computer-generated communication
initiated by use of a telephone number for a fee or charge billed by or on behalf of the information
service provider in addition to any charges for the local or long distance transmission or other
services associated with the call which are subject to federal regulation or to regulation by the
Board of Public Utilities pursuant to Title 48 of the Revised Statutes, but shall not include any
regulated announcement services, directory or operator services offered by telephone companies,
or services offered on a presubscription basis.
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"Information service provider" means a person who advertises or sells an information service.
L.1991,c.416,s.2.
56:8-56. Unlawful practice without disclosures required
a. It shall be an unlawful practice for a person to advertise or sell an information service unless
the following information is clearly and conspicuously disclosed in all advertisements offering
the information service:
(1) An accurate description of the service;
(2) The total price of the service, or, where a charge is based in whole or in part on the
passage of time; the rate, by minute or other unit of time upon which that charge is based;
any other charges being imposed for the service; and the total cost of any information
service of predetermined length;
(3) Instruction to minors to obtain parental consent before engaging the information
service; and
(4) The legal name and street address of the information service provider.
b. In any case in which the total price of the information service may exceed $5, it shall be an
unlawful practice for a person to advertise or sell the information service unless:
(1) The disclosures required by paragraphs (1) and (2) of subsection a. of this section
and, in the case of an information service aimed at or likely to be of interest to minors, an
additional instruction directing minors to hang up unless the minor has parental permission
are clearly and prominently stated at the inception of the telephone call connecting the
caller with the information service; and
(2) The caller is clearly notified of and afforded a reasonable opportunity to disconnect
the call following the disclosure and prior to incurring any charge for the information
service.
c. The preambles required for information services subject to the provisions of subsection b.
of this section are intended to be consistent with the preambles required for interstate calls
subject to the provisions of 56 Fed. Reg. 56165 (1991) (to be codified at 47 C.F.R. s.64.709).
In the event that such regulations are amended or replaced by federal law or subsequent federal
regulation, the Director of the Division of Consumer Affairs is authorized to promulgate
regulations modifying the provisions of this section to avoid conflict with federal requirements.
L.1991,c.416,s.3.
56:8-57. Unlawful practices
It shall be an unlawful practice for a person to advertise or sell an information service that
involves:
a. Advertisement through use of an automatic dialing device;
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b. Access to the information service through use of signals or tones provided directly or
indirectly by the information service provider;
c. The dialing of more than one telephone number for a fee;
d. The participation in a contest, raffle, lottery or game of chance which is illegal under New
Jersey law;
e. Job or employment opportunities in violation of licensing, registration or other requirements
of New Jersey law;
f. Charitable solicitation where the charity and the information service provider are not
registered as required by New Jersey law or are not otherwise in compliance with New Jersey
law; or
g. Accessing an information service in order to claim or receive information or notice
concerning entitlement to a prize, gift, award or other thing of value, other than in connection
with a lottery, type of lottery, or lottery game offered by the New Jersey State Lottery
Commission.
L.1991,c.416,s.4.
56:8-58. Blocking of telephone access
The Board of Public Utilities is directed to adopt rules and regulations providing a procedure
whereby a subscriber, or the legal representative, guardian, or personal representative of a
subscriber may request the telephone company to block access to an information service from the
telephone of the subscriber. For purposes of this section, a personal representative is a person
designated by the subscriber to serve as the subscriber's representative to the telephone company
in the case of billing, emergencies and related matters.
L.1991,c.416,s.5.
56:8-59. Rules, regulations, fees
Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-
1 et seq.), the Director of the Division of Consumer Affairs may adopt regulations as authorized
in section 3 of P.L.1991, c.416 (C.56:8-56) and as otherwise necessary to effectuate the purposes
of this act, require information service providers to register with the Division of Consumer Affairs
in the Department of Law and Public Safety and establish fees for this registration at a level which
allows for the proper administration and enforcement of this act.
L.1991,c.416,s.6.
56:8-60. Injunctive relief, restraints on income
In addition to powers exercised by the Attorney General pursuant to the provisions of section
8 of P.L.1960, c.39 (C.56:8-8) or any other law, when it shall appear to the Attorney General that
an information service provider is about to engage in, is continuing to engage in, or has engaged
in conduct which is in violation of this law, or when it is in the public interest, the Attorney General
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shall have the authority to seek and obtain in summary action in the Superior Court an injunction
prohibiting the information service provider from advertising or selling information services, and
may seek and obtain an order directing restraints against receipt and withdrawal of all money due
or payable to the information service provider on account of the unlawful activity.
L.1991,c.416,s.7.
56:8-61. Short title
This act shall be known and may be cited as the "Kosher Food Consumer Protection Act."
L.1994,c.138,s.1.
56:8-62. Definitions
As used in this act:
"Dealer" means any establishment that advertises, represents or holds itself out as selling,
preparing or maintaining food as kosher. This shall include, but not be limited to, manufacturers,
slaughterhouses, wholesalers, stores, restaurants, hotels, catering facilities, butcher shops, summer
camps, bakeries, delicatessens, supermarkets, grocery stores, nursing homes, freezer dealers and
food plan companies. These establishments may also sell, prepare or maintain food not
represented as kosher.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety or the director's designee.
"Food" means a food, food product, food ingredient, dietary supplement or beverage.
L.1994,c.138,s.2.
56:8-63. Posting of kosher information
a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be
kosher or kosher for Passover, shall disclose the basis upon which that representation is made
by posting the information required by the director, pursuant to regulations adopted pursuant
to the authority provided in section 4 of P.L.1960, c.39 (C.56:8-4), on a sign of a type and size
specified by the director in a conspicuous place upon the premises at which the food is sold or
exposed for sale as required by the director.
b. It shall be an unlawful practice for any person to violate the requirements of subsection a.
of this section.
L.1994,c.138,s.3.
56:8-64. Unlawful practice not committed; proof required
Any person subject to the requirements of section 3 of this act shall not be deemed to have
committed an unlawful practice if it can be shown by a preponderance of the evidence that the
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person relied in good faith upon the representations of a slaughterhouse, manufacturer, processor,
packer or distributor of any food represented to be kosher or kosher for Passover.
L.1994,c.138,s.4.
56:8-65. Presumptive evidence of intent to sell
Possession by a dealer of any food not in conformance with its disclosure is presumptive
evidence that the person is in possession of that food with the intent to sell.
L.1994,c.138,s.5.
56:8-66. Compliance with requirements
Any dealer who prepares, distributes, sells or exposes for sale any food represented to be
kosher or kosher for Passover shall comply with all requirements of the director, including, but not
limited to, recordkeeping, labeling and filing, pursuant to regulations adopted pursuant to the
authority provided in section 4 of P.L.1960, c.39 (C.56:8-4).
L.1994,c.138,s.6.
56:8-67 Definitions relative to sale and warranty of certain used vehicles
As used in this act:
"As is" means a used motor vehicle sold by a dealer to a consumer without any warranty, either
express or implied, and with the consumer being solely responsible for the cost of any repairs to
that motor vehicle.
"Consumer" means the purchaser or prospective purchaser, other than for the purpose of resale,
of a used motor vehicle normally used for personal, family or household purposes.
"Covered item" means and includes the following components of a used motor vehicle: Engine
- all internal lubricated parts, timing chains, gears and cover, timing belt, pulleys and cover, oil
pump and gears, water pump, valve covers, oil pan, manifolds, flywheel, harmonic balancer,
engine mounts, seals and gaskets, and turbo-charger housing; however, housing, engine block and
cylinder heads are covered items only if damaged by the failure of an internal lubricated part.
Transmission Automatic/Transfer Case - all internal lubricated parts, torque converter, vacuum
modulator, transmission mounts, seals and gaskets. Transmission Manual/Transfer Case - all
internal lubricated parts, transmission mounts, seals and gaskets, but excluding a manual clutch,
pressure plate, throw-out bearings, clutch master or slave cylinders. Front-Wheel Drive - all
internal lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets,
Rear-Wheel Drive - all internal lubricated parts, propeller shafts, supports and U-joints, axle shafts
and bearings, seals and gaskets.
"Dealer" means any person or business which sells or offers for sale a used motor vehicle after
selling or offering for sale three or more used motor vehicles in the previous 12-month period.
"Deduction for personal use" means the mileage allowance set by the federal Internal Revenue
Service for business usage of a motor vehicle in effect on the date a used motor vehicle is
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repurchased by a dealer in accordance with section 5 of this act, multiplied by the total number of
miles a used motor vehicle is driven by a consumer from the date of purchase of that vehicle until
the time of its repurchase.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Excessive wear and tear" means wear or damage to a used motor vehicle beyond that expected
to be incurred in normal circumstances.
"Material defect" means a malfunction of a used motor vehicle, subject to a warranty, which
substantially impairs its use, value or safety.
"Repair insurance" means a contract in writing to refund, repair, replace, maintain or take other
action with respect to a used motor vehicle for any period of time or any specified mileage and
provided at an extra charge beyond the price of the used motor vehicle.
"Service contract" means a contract in writing to refund, repair, replace, maintain or take other
action with respect to a used motor vehicle for any period of time or any specific mileage or
provided at an extra charge beyond the price of the used motor vehicle.
"Used motor vehicle" means a passenger motor vehicle, excluding motorcycles, motor homes
and off-road vehicles, title to, or possession of which has been transferred from the person who
first acquired it from the manufacturer or dealer, and so used as to become what is commonly
known as "secondhand," within the ordinary meaning thereof but does not mean a passenger motor
vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days ,
which is sold by the lessor to the lessee, or to a family member or employee of the lessee upon the
termination of the lease agreement.
"Warranty" means any undertaking, in writing and in connection with the sale by a dealer of a
used motor vehicle, to refund, repair, replace, maintain or take other action with respect to the used
motor vehicle, and which is provided at no extra charge beyond the price of the used motor vehicle.
L.1995,c.373,s.1; amended 1997,c.22,s.1.
56:8-67.1 Sale of used passenger motor vehicle, upon termination of lease agreement
A lessor who is a dealer and who sells or offers for sale a used passenger motor vehicle, subject
to a motor vehicle lease agreement which was in effect for more than 90 days, to a consumer who
is not the lessee, or a family member or employee of the lessee upon the termination of the lease
agreement, shall be subject to the provisions of P.L.1995, c.373 (C.56:8-67 et seq.) including the
bonding requirement of section 11 of that act (C.56:8-77).
L.1997,c.22,s.2.
56:8-68. Unlawful practices
It shall be an unlawful practice for a dealer:
a. To misrepresent the mechanical condition of a used motor vehicle;
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b. To fail to disclose, prior to sale, any material defect in the mechanical condition of the used
motor vehicle which is known to the dealer;
c. To represent that a used motor vehicle, or any component thereof, is free from material
defects in mechanical condition at the time of sale, unless the dealer has a reasonable basis for
this representation at the time it is made;
d. To fail to disclose, prior to sale, the existence and terms of any written warranty, service
contract or repair insurance currently in effect on a used motor vehicle provided by a person
other than the dealer, and subject to transfer to a consumer, if known to the dealer;
e. To misrepresent the terms of any written warranty, service contract or repair insurance
currently in effect on a used motor vehicle provided by a person other than the dealer, and
subject to transfer to a consumer;
f. To fail to disclose, prior to sale, the existence and terms of any written warranty, service
contract or repair insurance offered by the dealer in connection with the sale of a used motor
vehicle;
g. To misrepresent the terms of any warranty, service contract or repair insurance offered by
the dealer in connection with the sale of a used motor vehicle;
h. To represent, prior to sale, that a used motor vehicle is sold with a warranty, service contract
or repair insurance when the vehicle is sold without any warranty, service contract or repair
insurance;
i. To fail to disclose, prior to sale, that a used motor vehicle is sold without any warranty,
service contract, or repair insurance; and
j. To fail to provide a clear written explanation, prior to sale, of what is meant by the term
"as is," if the used motor vehicle is sold "as is."
L.1995,c.373,s.2.
56:8-69. Written warranty required; minimum durations
It shall be an unlawful practice for a dealer to sell a used motor vehicle to a consumer without
giving the consumer a written warranty which shall at least have the following minimum durations:
a. If the used motor vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90
days or 3,000 miles, whichever comes first;
b. If the used motor vehicle has more than 24,000 miles but less than 60,000 miles, the
warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or
c. If the used motor vehicle has 60,000 miles or more, the warranty shall be, at a minimum,
30 days or 1,000 miles, whichever comes first, except that a consumer may waive his right to
a warranty as provided under section 7 of this act.
L.1995,c.373,s.3.
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56:8-70. Written warranty; requirements of dealer
The written warranty shall require the dealer, upon failure or malfunction of a covered item
during the term of the warranty, to correct the malfunction or defect, provided the used motor
vehicle is delivered to the dealer, at his regular place of business, and subject to a deductible
amount of $50 to be paid by the consumer for each repair of a covered item. This written warranty
shall exclude repairs covered by any manufacturer's warranty, or recall program, as well as repairs
of a covered item required because of collision, abuse, or the consumer's failure to properly
maintain such used motor vehicle in accordance with the manufacturer's recommended
maintenance schedule, or from damage of a covered item caused as a result of any commercial use
of the used motor vehicle, or operation of such vehicle without proper lubrication or coolant, or as
a result of any misuse, negligence or alteration of such vehicle by someone other than the dealer.
L.1995,c.373,s.4.
56:8-71. Dealer's failure to correct defect
a. If, within the periods specified in section 3 of this act, the dealer or his agent fails to correct
a material defect of the used motor vehicle, after a reasonable opportunity to repair the used
motor vehicle, the dealer shall repurchase the used motor vehicle and refund to the consumer
the full purchase price, excluding all sales taxes, title and registration fees, or any similar
governmental charges, and less a reasonable allowance for excessive wear and tear and less a
deduction for personal use of such vehicle. Refunds shall be made to the consumer and
lienholder, if any, as their interests appear on the records of ownership kept by the Director of
the Division of Motor Vehicles.
b. It shall be an affirmative defense to any claim under this section that:
(1) The alleged material defect does not substantially impair the use, value or safety of
the used motor vehicle; or
(2) The material defect is the result of abuse, neglect or unauthorized modification or
alteration of the used motor vehicle by anyone other than the dealer or his agent.
c. It shall be presumed that a dealer has a reasonable opportunity to correct or repair a material
defect in a used motor vehicle, if:
(1) The same material defect has been subject to repair three or more times by the
dealer or his agent within the warranty period, but the material defect continues to exist; or
(2) The used motor vehicle is out of service by reason of waiting for the dealer to begin
or complete repair of the material defect for a cumulative total of 20 or more days during
the warranty period.
L.1995,c.373,s.5.
56:8-72. Term of warranty extended for repairs
The term of any written warranty offered by a dealer in connection with the sale of a used
motor vehicle shall be extended by any time period during which the used motor vehicle is waiting
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for the dealer or his agent to begin or complete repairs of a material defect of the used motor
vehicle.
L.1995,c.373,s.6.
56:8-73. Waiver of dealer's obligation to provide warranty
Notwithstanding any provision of this act to the contrary, a consumer, as a result of a price
negotiation for the purchase of a used motor vehicle with over 60,000 miles, may elect to waive
the dealer's obligation to provide a warranty on the used motor vehicle. The waiver shall be in
writing and separately stated in the agreement of retail sale or in an attachment thereto and
separately signed by the consumer. The waiver shall state the dealer's obligation to provide a
warranty on used motor vehicles offered for sale, as set forth in sections 3 and 4 of this act. The
waiver shall indicate that the consumer, having negotiated the purchase price of the used motor
vehicle and obtained a price adjustment, is electing to waive the dealer's obligation to provide a
warranty on the used motor vehicle and is buying the used motor vehicle "as is."
L.1995,c.373,s.7.
56:8-74. Warranty given as a matter of law
If a dealer fails to give a written warranty required by this act, the dealer nevertheless shall be
deemed to have given the warranty as a matter of law, unless a waiver has been signed by the
consumer in accordance with section 7 of this act.
L.1995,c.373,s.8.
56:8-75. Remedies, rights preserved
Nothing in this act shall in any way limit the rights or remedies which are otherwise available
to a consumer under any other law.
L.1995,c.373,s.9.
56:8-76. Nonapplicability of act
The provisions of sections 3, 4, and 5 shall not apply to: any used motor vehicle sold for less
than $3,000; any used motor vehicle over seven or more model years old; any used motor vehicle
which has been declared a total loss by an insurance company and with respect to which the
consumer, at or prior to the time of sale, has been advised in writing that the used motor vehicle
has been declared a total loss by an insurance company; or, any used motor vehicle with more than
100,000 miles.
L.1995,c.373,s.10.
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56:8-77. Bond to assure compliance
To assure compliance with the requirements of this act, a dealer shall provide a bond in favor
of the State of New Jersey in the amount of $10,000, executed by a surety company authorized to
transact business in the State of New Jersey by the Department of Insurance and to be conditioned
on the faithful performance of the provisions of this act. This bond shall be for the term of 12
months and shall be renewed at each expiration for a similar period. The Director of the Division
of Motor Vehicles shall not issue a dealer's license and shall not renew a license of any dealer who
has not furnished proof of the existence of the bond required by this act.
L.1995,c.373,s.11.
56:8-78. Rules, regulations
The Director shall adopt rules and regulations pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.
L.1995,c.373,s.12.
56:8-79. Consumer awareness program required
The director shall implement a consumer awareness program which shall advise consumers of
the requirements, protections and benefits provided by this act, within 120 days following
enactment of this act.
L.1995,c.373,s.13.
56:8-80. Administrative fee established
The director may establish an administrative fee, to be paid by the consumer, in order to
implement the provisions of this act, which fee shall be fixed at a level not to exceed the cost for
the administration and enforcement of this act.
L.1995,c.373,s.14.
56:8-80.1 Prohibited sales of tires; violations, penalties
a. A person shall not sell at retail, or offer for sale at retail, to the general public any tire
intended for use on a motor vehicle if the tire:
(1) has a tread depth of less than 1/16 inch measurable in any groove;
(2) has any damage exposing the reinforcing plies of the tire, including any cuts,
cracks, bulges, punctures, scrapes, or wear;
(3) has any improper repairs, including, but not limited to:
(a) any repair to the sidewall or bead area of the tire;
(b) any repair made in the tread shoulder or belt edge area of the tire;
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(c) any puncture that has not been sealed or patched on the inside and repaired
with a cured rubber stem through the outside of the tire; or
(d) any puncture repair of damage larger than 1/4 inch;
(4) shows evidence of prior use of a temporary tire sealant without evidence of a
subsequent proper repair;
(5) has a defaced or missing tire identification number;
(6) has inner liner or bead damage; or
(7) shows indication of internal separation, such as bulges or local areas of irregular
tread wear.
b. A person who violates subsection a. of this section shall be subject to a civil penalty of not
more than $500 for a first offense and at least $500 and not more than $1,000 for a second and
each subsequent offense, to be collected in a civil action by a summary proceeding under the
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court
shall have jurisdiction of proceedings for the enforcement of the penalty provided by this
section.
L.2017, c.215, s.1.
56:8-81. Short title
This act shall be known and may be cited as the "Industrial Hygienist Truth in Advertising
Act."
L.1996,c.130,s.1.
56:8-82. Findings, declarations relative to industrial hygiene
The Legislature finds and declares that it is necessary to provide assurance to the public that
individuals who represent themselves as being involved in the profession of industrial hygiene
have met certain qualifications.
L.1996,c.130,s.2.
56:8-83. Definitions relative to industrial hygiene
As used in this act:
"Accredited college or university" means a college or university that is accredited by one of
the following six regional accrediting agencies: Middle States Association of Colleges and
Schools, New England Association of Schools and Colleges, North Central Association of
Colleges and Schools, Northwest Association of Schools and Colleges, Southern Association of
Colleges and Schools, or Western Association of Schools and Colleges. A college or university
that is located outside of the United States will be considered on the basis of its accreditation status
in the education system that has jurisdiction.
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"Certified industrial hygienist" or "CIH" means a person who has met the education,
experience, and examination requirements of an industrial hygiene certification organization and
whose certification has not lapsed or been revoked.
"Certified industrial hygienist in training" or "CIHIT" is a person who has received the
designation industrial hygienist in training from an industrial hygiene certification organization
and whose certification has not lapsed or been revoked.
"Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
"Industrial hygiene" means the science and practice devoted to the anticipation, recognition,
evaluation, and control of those factors and stresses arising in or from the workplace or the
environment that may cause sickness, impaired health and well-being, or significant discomfort
among workers or members of the community.
"Industrial hygiene certification organization" means a professional organization of certified
industrial hygienists which has been in existence for at least five years and which has been
established to improve the practice and educational standards of the profession of industrial
hygiene by certifying individuals who meet its education, experience and examination
requirements. The organization shall have its certifying examinations evaluated by a national
testing service and shall maintain criteria that are at least the equivalent of the American Board of
Industrial Hygiene.
"Industrial hygienist" means a person who has an industrial hygienist education as defined in
this section.
"Industrial hygienist education" means a baccalaureate or graduate degree from an accredited
college or university in industrial hygiene, biology, chemistry, engineering, physics, or a closely
related physical or biological science; or a baccalaureate or graduate degree from an accredited
college or university that contains at least 60 semester credit hours in undergraduate or graduate
level courses in science, mathematics, engineering and technology, with at least 15 of those hours
in courses offered at the upper (junior, senior or graduate) level. A degree that is heavily comprised
of only one of those subject areas in the absence of others, may be judged unacceptable. An
unacceptable baccalaureate degree may be remedied by additional science coursework from an
accredited college or university or by completion of a related graduate degree from an accredited
college or university.
L.1996,c.130,s.3.
56:8-84. Unlawful practices
a. It shall be an unlawful practice for any person to advertise or hold himself out as a certified
industrial hygienist in training or "CIHIT", or as a certified industrial hygienist or "CIH",
unless that person is certified by an industrial hygiene certification organization.
b. It shall be an unlawful practice for any person who does not have an industrial hygienist
education to advertise or hold himself out as an industrial hygienist.
L.1996,c.130,s.4.
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56:8-85. Nonapplicability of act to supervised apprentices, students
This act shall not apply to:
a. A person employed as an apprentice under the supervision of an industrial hygienist,
certified industrial hygienist in training or certified industrial hygienist; or
b. A student studying industrial hygiene engaging in supervised activities related to industrial
hygiene.
L.1996,c.130,s.5.
56:8-86. Definitions relative to telecommunications service providers
As used is this act:
"Board" means the Board of Public Utilities.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Telecommunications service provider" means any individual, firm, joint venture, partnership,
corporation, association, public utility, cooperative association, joint stock association and
includes any trustee, receiver, assignee, representative, provider of intrastate, interLATA,
intraLATA or local exchange telecommunications service to an end-use customer.
"Service for which there are multiple providers" means a service for which customers have the
ability to subscribe or select from more than one telecommunications service provider.
L.1998,c.82,s.1.
56:8-87. Change, redirection of telecommunications service provider; conditions
No telecommunications service provider or any person, firm or corporation acting as an agent
or representative on behalf of a telecommunications service provider, shall, on behalf of a
customer, make any change or direct a different telecommunications service provider to make any
change in a provider of a telecommunications service for which there are multiple providers, unless
the provider, agent or representative complies with authorization and confirmation procedures
established by the board and by federal law and rules. In construing and enforcing the provisions
of this section, the act of any person, firm or corporation acting as agent or representative acting
on behalf of a telecommunications service provider within the parameters of the working
agreement set forth by the telecommunications service provider shall be deemed to be the act of
that telecommunications service provider.
L.1998,c.82,s.2.
56:8-88. Processing of change orders
No telecommunications service provider or any person, firm or corporation acting as an agent
or representative on behalf of a telecommunications service provider, shall, on behalf of a
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customer, fail to make any change in a provider of a telecommunications service for which there
are multiple providers when such change order has been received in a manner that complies with
federal and State rules and regulations. All such change orders shall be properly processed to
assure that the order is completed and service will be provided by the new telecommunications
service provider of choice within 30 business days of receipt of the compliant change order, which
may be extended for good cause by the board for an additional 30-day period, unless otherwise
agreed to by the customer, or as specified by rule or order of the board, or as agreed to by the
telecommunications service providers involved in the change, or by federal law or rule.
L.1998,c.82,s.3.
56:8-89 Rules, regulations relative to telecommunications service providers
The board, in consultation with the director, shall adopt rules and regulations relating to
changes in telecommunications service providers that are consistent with federal law, rules and
regulations and which, among other requirements, shall establish procedures for a customer to
confirm a change in a telecommunications service provider made by another telecommunications
service provider on behalf of the customer, establish procedures by which the new
telecommunications service provider shall notify a customer of a change in a telecommunications
service provider, and set forth methods for enforcing those rules and regulations, pursuant to an
agreement with the Federal Communications Commission. Such agreement shall include a
provision which requires the board to issue an order citing the provision of federal law, rules or
regulations of which a telecommunications service provider is in violation, citing the action which
constituted the violation, ordering abatement of the violation, and giving notice to the
telecommunications service provider of the right to a hearing on the matters contained in the order,
whenever it appears to the board that the telecommunications service provider has violated any
provision of federal law, rule or regulation relating to a change in telecommunications service
providers where the customer of the telecommunications service provider is a resident of this State.
L.1998,c.82,s.4; amended 2001, c.330, s.1.
56:8-89.1 Rules, regulations to enforce FCC agreement
The board shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the
purposes of this act, including the methods for enforcing those rules and regulations pursuant to
an agreement with the Federal Communications Commission.
L.2001,c.330,s.2.
56:8-90. Change notification; bill information
When an authorized change in a telecommunications service provider is made, the new
telecommunications service provider shall be responsible for notifying the customer of the change
within 30 days in the manner determined by the board pursuant to section 4 of this act. In addition,
any bill for intrastate, interLATA, intraLATA or local exchange service shall contain the name
and telephone number of each telecommunications service provider for which billing is provided,
and any other information deemed applicable by the telecommunications service provider.
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L.1998,c.82,s.5.
56:8-91. Violations, penalties
A telecommunications service provider who is determined by the board, after notice and
opportunity to be heard, to have willfully or intentionally violated any provision of this act or any
rule, regulation or order adopted pursuant hereto or to have violated any federal law and rules
relating to changes in telecommunications service providers applicable to intrastate service shall
be liable to a civil penalty not to exceed $7,500 for a first violation and not to exceed $15,000 for
each subsequent violation associated with a specific access line within the State. All moneys
recovered from an administrative penalty imposed pursuant to this section shall be paid into the
State Treasury to the credit of the General Fund.
L.1998,c.82,s.6.
56:8-92 Short title
This act shall be known and may be cited as the "Pet Purchase Protection Act."
L.1999,c.336,s.1.
56:8-93 Definitions relative to sales of cats and dogs
As used in P.L.1999, c.336 (C.56:8-92 et al.):
"Animal" means a cat or dog.
"Breeder" means any person, firm, corporation, or organization in the business of breeding
cats or dogs.
"Broker" means any person, firm, corporation, or organization who sells a cat or dog to a pet
shop, whether or not the broker is also the breeder of the cat or dog.
"Consumer" means a person purchasing a cat or dog not for the purposes of resale.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
"Pet dealer" means any person engaged in the ordinary course of business in the sale of cats or
dogs to the public for profit or any person who sells or offers for sale more than five cats or dogs
in one year.
"Pet shop" means a pet shop as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).
"Quarantine" means to hold in segregation from the general population any cat or dog because
of the presence or suspected presence of a contagious or infectious disease.
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"Unfit for purchase" means any disease, deformity, injury, physical condition, illness or defect
which is congenital or hereditary and severely affects the health of the animal, or which was
manifest, capable of diagnosis or likely contracted on or before the sale and delivery of the animal
to the consumer. The death of an animal within 14 days of its delivery to the consumer, except by
death by accident or as a result of injuries sustained during that period, shall mean the animal was
unfit for purchase.
"USDA" means the United States Department of Agriculture.
"USDA license number" means the license number issued to a breeder or broker by the United
States Department of Agriculture pursuant to the federal "Animal Welfare Act," 7 U.S.C. s.2131
et seq., or any rules or regulations adopted pursuant thereto.
"Veterinarian" means a veterinarian licensed to practice in the State of New Jersey.
L.1999, c.336, s.2; amended 2015, c.7, s.1.
56:8-94 Construction of act
No provision of this act shall be construed in any way to alter, diminish, replace, or revoke the
requirements for pet dealers that are not pet shops or the rights of a consumer purchasing an animal
from a pet dealer that is not a pet shop, as may be provided elsewhere in law or any rule or
regulation adopted pursuant thereto. Except as provided in section 4 and section 5 of P.L.1999,
c.336 (C.56:8-95 and C.56:8-96), any provision of law pertaining to pet shops, or rule or regulation
adopted pursuant thereto, shall continue to apply to pet shops. No provision of this act shall be
construed in any way to alter, diminish, replace, or revoke any recourse or remedy that is otherwise
available to a consumer purchasing a cat or a dog from a pet shop under any other law.
L.1999,c.336,s.3.
56:8-95 Noncompliance by pet shop considered deceptive practice
a. Notwithstanding the provisions of any rule or regulation adopted pursuant to Title 56 of the
Revised Statutes as such provisions are applied to pet shops, and without limiting the
prosecution of any other practices which may be unlawful pursuant to Title 56 of the Revised
Statutes, it shall be a deceptive practice for any owner or operator of a pet shop, or employee
thereof, to sell animals within the State without complying with the provisions and
requirements of this section and section 3 of P.L.2015, c.7 (C.56:8-95.1).
b. Within five days prior to the offering for sale of any animal, the owner or operator of a pet
shop, or employee thereof, shall have the animal examined by a veterinarian licensed to
practice in the State. The name and address of the examining veterinarian, together with the
findings made and treatment, if any, ordered as a result of the examination, shall be noted on
the animal history and health certificate for each animal as required by regulations adopted
pursuant to Title 56 of the Revised Statutes. If 14 days have passed since the last veterinarian
examination of the animal, the owner or operator of the pet shop, or employee thereof, shall
have the animal reexamined by a veterinarian licensed to practice in the State as provided for
in subsection g. of this section, except as otherwise provided in that subsection.
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c. Every pet shop offering animals for sale shall post, in a conspicuous location on the cage
or enclosure for each animal in the cage or enclosure, a sign declaring:
(1) The date and place of birth of each animal, and the actual age, or approximate age
as established by a veterinarian, of the animal;
(2) The sex, color markings, and other identifying information of the animal, including
any tag, tattoo, collar number, or microchip information;
(3) The name and address of the veterinarian attending to the animal while the animal
is in the custody of the pet shop, and the date of the initial examination of the animal;
(4) The first and last name of the breeder of the animal, the full street address of where
the breeder is doing business, an email address, if available, by which to contact the
breeder, the breeder's USDA license number, and, if the breeder is required to be licensed
in the state in which the breeder is located, the breeder's state license number;
(5) If the broker is different from the breeder, the first and last name of the broker of
the animal, the full street address of where the broker is doing business, an email address,
if available, by which to contact the broker, the USDA license number of the broker, and,
if the broker is required to be licensed in the state in which the broker is located, the broker's
state license number; and
(6) The statement "Know Your Rights" in bold type face and no less than 12 point type,
followed by the statement in no less than 10 point type, "State law requires that every pet
shop offering cats or dogs for sale post in a conspicuous location on or near each cat or
dog's cage or enclosure the USDA inspection reports for the breeder and broker of each cat
or dog for the two years prior to the first day that the cat or dog is offered for sale. If you
do not see a required inspection report, please request the report from the pet shop. If you
have any concerns, please contact the New Jersey Division of Consumer Affairs, 124
Halsey St., Newark, NJ 07102, (973) 504-6200. You may also view these and other USDA
inspection reports for the breeder and broker of each cat or dog on the USDA Animal and
Plant Health Inspection Service (APHIS) website. You are entitled to receive additional
information from APHIS about the breeder's or broker's history through the federal
Freedom of Information Act."
Every pet shop offering animals for sale shall also post, in a conspicuous location on or near
the cage or enclosure for each animal in the cage or enclosure, the USDA inspection reports for
the breeder and the broker of the animal for the two years prior to the first day that the animal is
offered for sale by the pet shop.
The owner or operator of the pet shop shall regularly update the information required to be
posted pursuant to this subsection and make changes as necessary to all signage required by this
subsection so that the public has access to the correct information at all times.
d. The owner or operator of a pet shop, or employee thereof, shall quarantine any animal
diagnosed as suffering from a contagious or infectious disease, illness, or condition and may
not sell such an animal until such time as a veterinarian licensed to practice in the State treats
the animal and determines that such animal is free of clinical signs of infectious disease or that
the animal is fit for sale. All animals required to be quarantined pursuant to this subsection
Consumer Fraud Act LAW AND PUBLIC SAFETY
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shall be placed in a quarantine area, separated from the general animal population of the pet
shop.
e. The owner or operator of a pet shop, or designated employee thereof, may inoculate and
vaccinate animals prior to purchase only upon the order of a veterinarian. No owner or operator
of a pet shop, or employee thereof, may represent, directly or indirectly, that the owner or
operator of the pet shop, or any employee thereof, other than a veterinarian, is qualified to,
directly or indirectly, diagnose, prognose, treat, or administer for, prescribe any treatment for,
operate concerning, manipulate or apply any apparatus or appliance for addressing, any
disease, pain, deformity, defect, injury, wound, or physical condition of any animal after
purchase of the animal, for the prevention of, or to test for, the presence of any disease, pain,
deformity, defect, injury, wound, or physical condition in an animal after its purchase. These
prohibitions include, but are not limited to, the giving of inoculations or vaccinations after
purchase, the diagnosing, prescribing, and dispensing of medication to animals, and the
prescribing of any diet or dietary supplement as treatment for any disease, pain, deformity,
defect, injury, wound, or physical condition.
f. The Director of the Division of Consumer Affairs in the Department of Law and Public
Safety shall provide each owner or operator of a pet shop with notification forms, to be signed
by the owner or operator of the pet shop, or employee thereof, and the consumer at the time of
purchase of an animal. The notification form shall provide the following:
(1) The full text of the rights and responsibilities provided for in subsection h. of this
section;
(2) The full text and description of the recourse to which the consumer is entitled
pursuant to subsection i. of this section;
(3) The statement that it is the responsibility of the consumer to obtain such
certification within the required amount of time provided by subsection h. of this section;
(4) The full text of the rights and responsibilities of the owner or operator of the pet
shop, and the employees thereof, and the consumer provided in subsection l. of this section;
(5) The notification, reporting and enforcement provisions provided in section 5 of
P.L.1999, c.336 (C.56:8-96), including the name and address of the local health authority
with jurisdiction over the pet shop;
(6) The name, full street address, email address, if available, and USDA license number
of the breeder of the animal and the broker of the animal, if the broker is different from the
breeder;
(7) The breeder's state license number, if the breeder is required to be licensed in the
state in which the breeder is located, and, if the broker is different from the breeder and the
broker is required to be licensed in the state in which the broker is located, the broker's
state license number; and
(8) An attestation by the owner or operator of the pet shop that, as of the date of
purchase of the animal by the pet shop, which shall be specified in the attestation, the
breeder and the broker of the animal were in compliance with the requirements concerning
the maintenance and care of animals and the sanitary operation of kennels, pet shops,
shelters and pounds established in rules and regulations adopted pursuant to section 14 of
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P.L.1941, c.151 (C.4:19-15.14), as required pursuant to section 3 of P.L.2015, c.7 (C.56:8-
95.1).
The owner or operator of the pet shop, or an employee thereof, shall obtain the signature of the
consumer on the form and shall also sign and date the form at the time of purchase of an animal
by the consumer, and shall provide the consumer with a signed copy of the form and retain a copy
of the form on the pet shop premises. Copies of all such notices shall be readily available for
inspection by an authorized representative of the Division of Consumer Affairs, upon request. No
pet shop owner or operator, or employee thereof, may construe or use the signed notification form
required pursuant to this subsection as an abdication of the right to recourse provided for in
subsection i., or as a selection of recourse pursuant to subsection k. of this section.
g. The owner or operator of a pet shop, or an employee thereof, shall have any animal that
has been examined more than 14 days prior to the date of purchase, reexamined by a
veterinarian for the purpose of disclosing its condition, within 72 hours of the delivery of the
animal to the consumer, unless the consumer has waived the right to the reexamination in
writing. The owner or operator of a pet shop, or an employee thereof, shall provide a copy of
the written waiver to the consumer prior to the signing of any contract or agreement to purchase
the animal and the written waiver shall be in the form established by the director by regulation.
h. If at any time within 14 days after the sale and delivery of an animal to a consumer, the
animal becomes sick or dies and a veterinarian certifies, within the 14 days after the date of
purchase of the animal by the consumer, that the animal is unfit for purchase due to a non-
congenital cause or condition, or that the animal died from causes other than an accident, the
consumer is entitled to the recourse described in subsection i. of this section.
If the animal becomes sick or dies within 180 days after the date of purchase and a veterinarian
certifies, within the 180 days after the date of purchase of the animal by the consumer, that the
animal is unfit for sale due to a congenital or hereditary cause or condition, or a sickness brought
on by a congenital or hereditary cause or condition, or died from such a cause or condition or
sickness, the consumer shall be entitled to the recourse provided in subsection i. of this section.
It shall be the responsibility of the consumer to obtain such certification within the required
amount of time provided by this subsection, unless the owner or operator of the pet shop, or the
employee thereof selling the animal to the consumer, fails to provide the notice required pursuant
to subsection f. of this section. If the owner or operator of the pet shop, or the employee thereof,
fails to provide the required notice, the consumer shall be entitled to the recourse provided for in
subsection i. of this section.
i. Only the consumer shall have the sole authority to determine the recourse the consumer
wishes to select and accept, provided that the recourse selected is one of the following:
(1) The right to return the animal and receive a full refund of the purchase price,
including sales tax, plus the reimbursement of the veterinary fees, including the cost of the
veterinarian certification, incurred prior to the receipt by the consumer of the veterinarian
certification;
(2) The right to retain the animal and to receive reimbursement for veterinary fees
incurred prior to the consumer's receipt of the veterinarian certification, plus the future cost
of veterinary fees to be incurred in curing or attempting to cure the animal, including the
cost of the veterinarian certification;
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(3) The right to return the animal and to receive in exchange an animal of the
consumer's choice, of equivalent value, plus reimbursement of veterinary fees, including
the cost of the veterinarian certification, incurred prior to the consumer's receipt of the
veterinarian certification; or
(4) In the event of the death of the animal from causes other than an accident, the right
to a full refund of the purchase price of the animal, including sales tax, or another animal
of the consumer's choice of equivalent value, plus reimbursement of veterinary fees,
including the cost of the veterinarian certification, incurred prior to the death of the animal.
The consumer shall be entitled to be reimbursed an amount for veterinary fees up to and
including two times the purchase price, including sales tax, of the sick or dead animal. No
reimbursement of veterinary fees shall exceed two times the purchase price, including sales tax, of
the sick or dead animal.
j. The veterinarian shall provide to the consumer in writing and within the seven days after the
consumer consults with the veterinarian any certification that is appropriate pursuant to this
section upon the determination that such certification is appropriate. The certification shall
include:
(1) The name of the owner;
(2) The date or dates of examination;
(3) The breed, color, sex, and age of the animal;
(4) A statement of the findings of the veterinarian;
(5) A statement that the veterinarian certifies the animal to be "unfit for purchase";
(6) An itemized statement of veterinary fees incurred as of the date of certification;
(7) If the animal may be curable, an estimate of the possible cost to cure, or attempt to
cure, the animal;
(8) If the animal has died, a statement establishing the probable cause of death; and
(9) The name and address of the certifying veterinarian and the date of the certification.
k. Upon the presentation of the veterinarian certification required in subsection j. of this
section to the pet shop, the consumer shall select the recourse to be provided and the owner or
operator of the pet shop, or the employee thereof, shall confirm the selection of recourse in
writing. The confirmation of the selection shall be signed by the owner or operator of the pet
shop, or an employee thereof, and the consumer and a copy of the signed confirmation shall
be given to the consumer and retained by the owner or operator of the pet shop, or employee
thereof, on the pet shop premises. The confirmation of the selection shall be in the form
established by the director by regulation.
l. The owner or operator of the pet shop, or an employee thereof, shall comply with the
selection of recourse by the consumer no later than 10 days after the receipt of the veterinarian
certification and the signed confirmation of selection of recourse form. In the event the owner
or operator of the pet shop, or an employee thereof, wishes to contest the selection of recourse
of the consumer, the owner or operator of the pet shop, or an employee thereof, shall notify the
Consumer Fraud Act LAW AND PUBLIC SAFETY
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consumer and the director in writing within the five days after the receipt of the veterinarian
certification and the signed confirmation of selection of recourse form. After notification to
the consumer and the director of the division, the owner or operator of the pet shop, or an
employee thereof, may require the consumer to produce the animal for examination by a
veterinarian chosen by the owner or operator of the pet shop, or employee thereof, at a mutually
convenient time and place, except if the animal has died and was required to be cremated for
public health reasons. The director shall set, upon receipt of such notice of contest on the part
of the owner or operator of the pet shop, or an employee thereof, a hearing date and hold a
hearing, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.)
and the Uniform Administrative Procedure Rules adopted pursuant thereto, to determine
whether the recourse selected by the consumer should be allowed. The consumer and the
owner or operator of the pet shop, or employee thereof, shall be entitled to any appeal of the
decision resulting from the hearing as may be provided for under the law, or any rule or
regulation adopted pursuant thereto, but upon the exhaustion of such remedies and recourse,
the consumer and the owner or operator of the pet shop shall comply with the final decision
rendered.
m. Any owner or operator of a pet shop, or employee thereof, shall be guilty of a deceptive
practice if the owner or operator, or employee thereof, secures or attempts to secure a waiver
of any of the provisions of this section except as specifically authorized under subsection g. of
this section.
n. The owner of a pet shop shall be responsible and liable for any recourse or reimbursement
due to a consumer because of violations of any provisions of this section by the owner or
operator of the pet shop, or any employee thereof, or because of any document signed pursuant
to this section by the owner or operator of the pet shop, or any employee thereof.
o. Any pet shop in the State advertising for sale an animal bred by a USDA licensed breeder
through print or electronic means, including those posted on the Internet or a website, shall
continuously display the name, state of residence, and USDA license number of the breeder of
the animal in the advertisement so that this information is easily legible to the consumer.
L.1999, c.336, s.4; amended 2015, c.7, s.2.
56:8-95.1 Certain animals offered by breeder, broker, prohibited sale by pet shop
a. No pet shop shall sell or offer for sale, or purchase for resale whether or not actually offered
for sale by the pet shop, any animal purchased from any breeder or broker who:
(1) is not in compliance with the requirements concerning the maintenance and care of
animals and the sanitary operation of kennels, pet shops, shelters and pounds established
in rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14)
at the time of purchase of the animal by the pet shop;
(2) is not in possession of a current license issued by the USDA pursuant to 9 C.F.R.
s.1.1 et seq.;
(3) is not in possession of all other licenses required for a breeder or broker by the state
in which the breeder or broker is located;
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(4) has been cited on a USDA inspection report for a direct violation of the federal
"Animal Welfare Act," 7 U.S.C. s.2131 et seq., or the corresponding federal animal welfare
regulations at 9 C.F.R. s.1.1 et seq., during the two-year period prior to the purchase of the
animal by the pet shop;
(5) has been cited on a USDA inspection report during the two-year period prior to the
purchase of the animal by the pet shop for three or more indirect violations of the federal
"Animal Welfare Act," 7 U.S.C. s.2131 et seq., or the corresponding federal animal welfare
regulations at sections 2.4, 2.40, 2.50 through 2.55, 2.60, 2.75 through 2.80, 2.130 through
2.132, 3.1 through 3.19, or 3.125 through 3.142 of Title 9 of the Code of Federal
Regulations;
(6) is cited on the two most recent USDA inspection reports prior to the purchase of
the animal by the pet shop for no-access violations pursuant to enforcement of the federal
"Animal Welfare Act," 7 U.S.C. s.2131 et seq., or the corresponding federal animal welfare
regulations at 9 C.F.R. s.1.1 et seq.; or
(7) directly or indirectly obtained the animal from a breeder, broker, or other person,
firm, corporation, or organization to whom paragraph (1), (2), (3), (4), (5), or (6) of this
subsection applies.
b. Nothing in this subsection shall be construed as prohibiting or otherwise preventing a pet
shop from:
(1) purchasing for resale or adoption, selling, or offering for adoption, an animal
purchased or otherwise obtained from -
(a) a publicly operated animal control facility,
(b) an animal rescue organization or pound as defined in section 1 of P.L.1941,
c.151 (C.4:19-15.1), or
(c) a shelter as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1) whose
primary mission and practice is the placement of abandoned, unwanted, neglected, or
abused animals and that is also a tax exempt organization under paragraph (3) of subsection
(c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501), or any
subsequent corresponding sections of the federal Internal Revenue Code, as from time to
time amended; or
(2) transferring adopted animals to or from any entity enumerated in paragraph (1) of
this subsection or to or from any pet shop.
c. Every pet shop shall submit, annually and no later than May 1 of each year, a report to the
municipality in which it is located and licensed, providing:
(1) the name, full street address, email address, if available, and USDA license number
of --
(a) any breeder from which the pet shop purchased an animal, whether or not
the pet shop offered the animal for sale,
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(b) any breeder that bred an animal that the pet shop purchased from a broker,
whether or not the pet shop offered the animal for sale, and
(c) any broker from which the pet shop purchased an animal, whether or not
the pet shop offered the animal for sale;
(2) if a breeder whose identity the pet shop is required to report pursuant to
subparagraph (a) or (b) of paragraph (1) of this subsection is required to be licensed in the
state in which the breeder is located, the breeder's state license number;
(3) if a broker whose identity the pet shop is required to report pursuant to
subparagraph (c) of paragraph (1) of this subsection is different from any breeder whose
identity the pet shop is required to report pursuant to subparagraph (a) or (b) of paragraph
(1) of this subsection, and the broker is required to be licensed in the state in which the
broker is located, the broker's state license number; and
(4) the total number of animals for each breeder and broker for which the pet shop has
reporting requirements pursuant to subparagraphs (a), (b), and (c) of paragraph (1) of this
subsection.
L.2015, c.7, s.3.
56:8-95.2 Construction of act
No provision of P.L.2015, c.7 (C.56:8-95.1 et al.) shall be construed to limit or restrict any
municipality, county, local health agency, or municipal or county board of health from enacting or
enforcing, or interfere with the implementation of, or otherwise invalidate, any law, ordinance,
rule, or regulation that places additional obligations on pet shops or restrictions on pet shops or pet
shop sales.
L.2015, c.7, s.4.
56:8-95.3 Violations, penalties
Any person who violates subsection c. of section 4 of P.L.1999, c.336 (C.56:8-95) or section
3 of P.L.2015, c.7 (C.56:8-95.1), and any owner or operator who fails to provide information or
provides false information pursuant to the requirements of subsection f. of section 4 of P.L.1999,
c.336 (C.56:8-95), shall be subject to a fine of $500 for each violation, to be collected by the
division in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.).
L.2015, c.7, s.5.
56:8-96 Certification from veterinarian, recourse
a. Any consumer who purchases from a pet shop an animal that becomes sick or dies after the
date of purchase may take the sick or dead animal to a veterinarian within the period of time
required pursuant to the notification form provided upon the date of purchase, receive
certification from the veterinarian of the health and condition of the animal, and pursue the
Consumer Fraud Act LAW AND PUBLIC SAFETY
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recourse provided for under the circumstances indicated by the veterinarian certification, as
required and provided for pursuant to section 4 of P.L.1999, c.336 (C.56:8-95).
b. Upon receipt of the certification from the veterinarian, the consumer may report the sickness
or death of the animal and the pet shop where the animal was purchased to the local health
authority with jurisdiction over the municipality in which the pet shop where the animal was
purchased is located, and to the Director of the Division of Consumer Affairs in the Department
of Law and Public Safety. The consumer shall provide a copy of the veterinarian certificate
with any report. The director shall forward to the appropriate local health authority a copy of
any report the division receives. The local health authority shall record and retain the records
of any report and documentation submitted by a consumer.
c. By the May 1 immediately following the effective date of this act, and annually thereafter,
the local health authority with jurisdiction over pet shops shall review any files it has
concerning reports filed pursuant to subsection b. of this section and shall recommend to the
municipality in which the pet shop is located the revocation of the license of any pet shop with
reports filed as follows:
(1) 15% of the total number of animals sold in a year by the pet shop were certified by
a veterinarian to be unfit for purchase due to congenital or hereditary cause or condition,
or a sickness brought on by a congenital or hereditary cause or condition;
(2) 25% of the total number of animals sold in a year by the pet shop were certified by
a veterinarian to be unfit for purchase due to a non-congenital cause or condition;
(3) 10% of the total number of animals sold in a year by the pet shop died and were
certified by a veterinarian to have died from a non-congenital cause or condition; or
(4) 5% of the total number of animals sold in a year by the pet shop died and were
certified by a veterinarian to have died from a congenital or hereditary cause or condition,
or a sickness brought on by a congenital or hereditary cause or condition.
d. By the May 1 immediately following the effective date of this act, and annually thereafter,
the local health authority with jurisdiction over pet shops shall review any files it has
concerning reports filed pursuant to subsection b. of this section and shall recommend to the
municipality in which the pet shop is located a 90-day suspension of the license of any pet shop
with reports filed as follows:
(1) 10% of the total number of animals sold in a year by the pet shop were certified by
a veterinarian to be unfit for purchase due to congenital or hereditary cause or condition,
or a sickness brought on by a congenital or hereditary cause or condition;
(2) 15% of the total number of animals sold in a year by the pet shop were certified by
a veterinarian to be unfit for purchase due to a non-congenital cause or condition;
(3) 5% of the total number of animals sold in a year by the pet shop died and were
certified by a veterinarian to have died from a non-congenital cause or condition; or
(4) 3% of the total number of animals sold in a year by the pet shop died and were
certified by a veterinarian to have died from a congenital or hereditary cause or condition,
or a sickness brought on by a congenital or hereditary cause or condition.
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e. Pursuant to the authority and requirements provided in section 8 of P.L.1941, c.151 (C.4:19-
15.8), the owner of the pet shop shall be afforded a hearing and, upon the recommendation by
the local health authority pursuant to subsection c. or d. of this section, the local health
authority, in consultation with the Department of Health, shall set a date for the hearing to be
held by the local health authority or the State Department of Health and shall notify the pet
shop involved. The municipality may suspend or revoke the license, or part thereof, that
authorizes the pet shop to sell cats or dogs after the hearing has been held and as provided in
section 8 of P.L.1941, c.151 (C.4:19-15.8). At the hearing, the local health authority or the
Department of Health, whichever entity is holding the hearing, shall receive testimony from
the pet shop and shall determine if the pet shop: (1) failed to maintain proper hygiene and
exercise reasonable care in safeguarding the health of animals in its custody, or (2) sold a
substantial number of animals that the pet shop knew, or reasonably should have known, to be
unfit for purchase.
f. No provision of subsection c. shall be construed to restrict the local health authority or the
Department of Health from holding a hearing concerning any pet shop in the State irrespective
of the criteria for recommendation of license suspension or revocation named in subsection c.
or d., or from recommending to a municipality the suspension or revocation of the license of a
pet shop within its jurisdiction for other violations under other sections of law, or rules and
regulations adopted pursuant thereto.
g. No action taken by the local health authority or municipality pursuant to this section or
section 8 of P.L.1941, c.151 (C.4:19-15.8) shall be construed to limit or replace any action,
hearing or review of complaints concerning the pet shop by the Division of Consumer Affairs
in the Department of Law and Public Safety to enforce consumer fraud laws or other
protections to which the consumer is entitled.
h. The requirements of this section shall be posted in a prominent place in each pet shop in the
State along with the name, address, and telephone number of the local health authority that has
jurisdiction over the pet shop, and this information shall be provided in writing at the time of
purchase to each consumer and to each licensed veterinarian contracted for services by the pet
shop upon contracting the veterinarian.
i. The Director of the Division of Consumer Affairs may investigate and pursue enforcement
against any pet shop reported by a consumer pursuant to subsection b. of this section.
L.1999, c.336, s.5; amended 2012, c.17, s.433.
56:8-97 Rules, regulations
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety
may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.),
any rules or regulations as the director deems necessary for the implementation of this act.
L.1999,c.336,s.7.
56:8-98 Short title
Sections 1 through 6 of this act shall be known and may be cited as the "Halal Food Consumer
Protection Act."
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L.2000,c.60,s.1.
56:8-99 Definitions relative to food represented as halal
As used in this act:
"Dealer" means any establishment that advertises, represents or holds itself out as selling,
preparing or maintaining food as halal, including, but not limited to, manufacturers,
slaughterhouses, wholesalers, stores, restaurants, hotels, catering facilities, butcher shops, summer
camps, bakeries, delicatessens, supermarkets, grocery stores, nursing homes, freezer dealers and
food plan companies. These establishments may also sell, prepare or maintain food not
represented as halal.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety or the director's designee.
"Food" means a food, food product, food ingredient, dietary supplement or beverage.
L.2000,c.60,s.2.
56:8-100 Posting of information by dealer representing food to be halal
a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be
halal, shall disclose the basis upon which that representation is made by posting the information
required by the director, pursuant to regulations adopted pursuant to the authority provided in
section 4 of P.L.1960, c.39 (C.56:8-4), on a sign of a type and size specified by the director in
a conspicuous place upon the premises at which the food is sold or exposed for sale as required
by the director.
b. It shall be an unlawful practice for any person to violate the requirements of subsection a.
of this section.
L.2000,c.60,s.3.
56:8-101 Reliance on representation, good faith, defense
Any person subject to the requirements of section 3 of this act shall not have committed an
unlawful practice if it can be shown by a preponderance of the evidence that the person relied in
good faith upon the representations of a slaughterhouse, manufacturer, processor, packer or
distributor of any food represented to be halal.
L.2000,c.60,s.4.
56:8-102 Possession of food implies intent to sell
Possession by a dealer of any food not in conformance with the disclosure required by section
3 of this act with respect to that food is presumptive evidence that the person is in possession of
that food with the intent to sell.
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L.2000,c.60,s.5.
56:8-103 Compliance required by dealer in regard to food represented as halal
Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal
shall comply with all requirements of the director, including, but not limited to, recordkeeping,
labeling and filing, pursuant to regulations adopted pursuant to the authority provided in section 4
of P.L.1960, c.39 (C.56:8-4).
L.2000,c.60,s.6.
56:8-104 Definitions relative to certain loans for senior citizens
For the purposes of this act:
"Home solicitation" means any transaction made at the consumer's primary residence, except
those transactions initiated by the consumer. A consumer response to an advertisement is not a
home solicitation.
"Senior citizen" means an individual who is 60 years of age or older.
"Transaction" means a sale as defined in subsection e. of section 1 of P.L.1960, c.39 (C.56:8-
1).
L.2000,c.125,s.1.
56:8-105 Certain home improvement loans unlawful
It shall be an unlawful practice for a person to make a home solicitation of a consumer who is
a senior citizen where a loan is made encumbering the primary residence of that consumer for the
purposes of paying for home improvements and where the transaction is part of a pattern or practice
in violation of either subsection (h) or (i) of 15 U.S.C. s.1639 or subsection (e) of 12 C.F.R.
s.226.32.
L.2000,c.125,s.2.
56:8-106 Immunity from liability for third party, exception
A third party shall not be liable for an unlawful practice under section 2 of this act unless there
was an agency relationship between the person who engaged in the home solicitation and the third
party.
L.2000,c.125,s.3.
56:8-107 Findings, declarations relative to excessive price increases at certain times
The Legislature finds and declares that during emergencies and major disasters, including, but
not limited to, earthquakes, fires, floods or civil disturbances, some merchants have taken unfair
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advantage of consumers by greatly increasing prices for certain merchandise. While the pricing
of merchandise is generally best left to the marketplace under ordinary conditions, when a declared
state of emergency results in abnormal disruptions of the market, the public interest requires that
excessive and unjustified price increases in the sale of certain merchandise be prohibited. It is the
intention of the Legislature to prohibit excessive and unjustified price increases in the sale of
certain merchandise during declared states of emergency in New Jersey.
L.2001,c.297,s.1.
56:8-108 Definitions relative to excessive price increases at certain times
As used in this act:
"Excessive price increase" means a price that is excessive as compared to the price at which
the consumer good or service was sold or offered for sale by the seller in the usual course of
business immediately prior to the state of emergency. A price shall be deemed excessive if:
(1) The price exceeds by more than 10 percent the price at which the good or service
was sold or offered for sale by the seller in the usual course of business immediately prior
to the state of emergency, unless the price charged by the seller is attributable to additional
costs imposed by the seller's supplier or other costs of providing the good or service during
the state of emergency;
(2) In those situations where the increase in price is attributable to additional costs
imposed by the seller's supplier or additional costs of providing the good or service during
the state of emergency, the price represents an increase of more than 10 percent in the
amount of markup from cost, compared to the markup customarily applied by the seller in
the usual course of business immediately prior to the state of emergency.
"State of emergency" means a natural or man-made disaster or emergency for which a state of
emergency has been declared by the President of the United States or the Governor, or for which
a state of emergency has been declared by a municipal emergency management coordinator.
L.2001,c.297,s.2.
56:8-109 Unlawful practice to sell merchandise at excessive price during emergency
It shall be an unlawful practice for any person to sell or offer to sell within 30 days after the
declaration of a state of emergency, or for such other period of time as the Governor may specify
in the declaration of a state of emergency, in the area for which the state of emergency has been
declared, any merchandise which is consumed or used as a direct result of an emergency or which
is consumed or used to preserve, protect, or sustain the life, health, safety or comfort of persons or
their property for a price that constitutes an excessive price increase. The Governor may by
executive order extend the period during which this prohibition remains in force.
L.2001, c.297, c.3; amended 2017, c.9.
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56:8-110 Gift certificate, card, validity, terms, required; definitions
a. A gift certificate or gift card sold after the effective date of this amendatory act shall retain
full unused value until presented in exchange for merchandise, or shall have any and all
conditions and limitations, as permitted in paragraphs (1) through (3) of this subsection,
disclosed to the purchaser of the gift certificate or gift card at the time of purchase as provided
in subsection b. of this section.
(1) In no case shall the underlying funds associated with a gift certificate or gift card
expire within the 24 months immediately following the date of sale.
(2) No dormancy fee shall be charged against a gift certificate or a gift card within the
24 months immediately following the date of sale, nor shall one be charged within the 24
months immediately following the most recent activity or transaction in which the
certificate or card was used.
(3) A dormancy fee charged against a gift certificate or gift card as permitted by this
subsection shall not exceed $2.00 per month.
b. The terms of any expiration date or dormancy fee applicable to a gift certificate or gift card,
as permitted by subsection a. of this section, shall be disclosed to a consumer by:
(1) written notice of the expiration date or dormancy fee or both printed in at least 10
point font, on the gift certificate or gift card, or the sales receipt for the certificate or card,
or the package for the certificate or card; and
(2) written notice, in at least 10 point font, on the gift certificate or gift card, or the
sales receipt for the certificate or card, or the package for the certificate or card, of a
telephone number which the consumer may call, for information concerning any expiration
date or dormancy fee.
c. Beginning September 1, 2012 if a stored value card deemed a gift card or gift certificate
pursuant to section 5 of P.L.2010, c.25 (C.46:30B-42.1) is redeemed and a balance of less than
$5 remains on the card after redemption, at the owner's request the merchant or other entity
redeeming the card shall refund the balance in cash to the owner.
A merchant or other entity required to comply with the provisions of this subsection shall be
liable to a penalty of $500 for each violation plus restitution of the amount of the cash value
remaining on the stored value card, provided however that the amount of the penalty shall be
trebled for an aggregate of 100 such violations occurring during any 12-month period. Failure to
provide requested cash redemption for each stored value card shall be considered a separate
violation. Upon receiving evidence of any violation of the provisions of this subsection, the
Director of the Division of Consumer Affairs, or the director's designee, is empowered to hold
hearings upon those violations and upon finding the violation to have been committed, to assess a
penalty against the person alleged to have committed the violation in the amounts provided in this
subsection. The director shall thereafter return to the owner of the card the amount of the cash
value remaining on the card recovered under this subsection, and this shall be the sole remedy
available to the owner for those violations.
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This subsection does not impose on an issuer or merchant or other entity required to comply
with the provisions of this subsection an obligation to advertise the availability of a refund balance
redemption. Notwithstanding the foregoing or any provision in section 3 of P.L.1981, c.454
(C.56:12-16), an issuer, seller or redeemer of stored value cards may elect to include a disclosure
or may, in the alternative, include a statement on the stored value card or other marketing materials
that the card "is not redeemable for cash except as required by law" or similar statement.
This subsection shall not apply to (1) a non-reloadable stored value card with an initial value
of $5 or less; or (2) a stored value card that is not purchased but is provided in lieu of a refund for
returned merchandise; or (3) a stored value card that can be redeemed at multiple merchants that
are not under common ownership or control, including but not limited to network-branded stored
value cards; or (4) a rewards card; or (5) a stored value card that is donated or sold below face
value to a nonprofit or charitable organization or an educational organization; or (6) a stored value
card that is redeemable for admission to events or venues at a particular location or group of
affiliated locations, or for goods or services in conjunction with admission to those events or
venues, or both, at the event or venue or at specific locations affiliated with and in geographic
proximity to the event or venue.
d. As used in this section:
"Dormancy fee" means a charge imposed against the unused value of a gift card or gift
certificate due to inactivity;
"Gift card" means a tangible device, whereon is embedded or encoded in an electronic or other
format a value issued in exchange for payment, which promises to provide to the bearer
merchandise of equal value to the remaining balance of the device. "Gift card" does not include a
prepaid telecommunications or technology card, prepaid bank card or rewards card;
"Gift certificate" means a written promise given in exchange for payment to provide
merchandise in a specified amount or of equal value to the bearer of the certificate. "Gift
certificate" does not include a prepaid telecommunications or technology card, prepaid bank card
or rewards card;
"Merchandise" means and includes any objects, wares, goods, commodities, services or
anything offered, directly or indirectly, to the public for sale;
"Prepaid bank card" means a general use, prepaid card or other electronic payment device that
is issued by a bank or other financial institution, or a licensed money transmitter, in a pre-
denominated amount usable at multiple, unaffiliated merchants or at automated teller machines, or
both, but shall not include a card issued by a retail merchant;
"Prepaid telecommunications or technology card" includes, but is not limited to: a prepaid
telephone calling card; prepaid technical support card; or prepaid Internet disk distributed to or
purchased by a consumer; and
"Rewards card" means a card or certificate distributed by the issuer to a consumer pursuant to
an awards, loyalty, rewards or promotional program, without any money or other consideration or
thing of value by the consumer in exchange for the card or certificate.
L.2002, c.14, s.1; amended 2005, c.254; 2012, c.14, s.2.
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56:8-111 Rules, regulations
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety
shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
rules and regulations necessary to implement this act.
L.2002,c.14,s.2.
56:8-112 Violations deemed unlawful practice
It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the
provisions of this act.
L.2002,c.14,s.3.
56:8-113. Short title
This act shall be known and may be cited as the "Safety Professional Truth in Advertising
Act."
L.2002,c.50,s.1.
56:8-114. Findings, declarations realtive to qualification of safety professionals
The Legislature finds and declares that it is necessary to provide assurance to the public that
individuals holding any safety certification have met certain qualifications.
L.2002,c.50,s.2.
56:8-115 Definitions relative to qualifications of safety professionals
As used in this act:
"Safety profession" means the science and art concerned with the preservation of human and
material resources through the systematic application of principles drawn from such disciplines as
engineering, education, psychology, physiology, enforcement and management for anticipating,
identifying and evaluating hazardous conditions and practices; developing hazard control designs,
methods, procedures and programs; implementing, administering and advising others on hazard
controls and hazard control programs; and measuring, auditing and evaluating the effectiveness of
hazard controls and hazard control programs.
"Safety professional certification organization" means a professional organization of safety
professionals which has been in existence for at least five years and which has been established to
improve the practice and educational standards of the safety profession by certifying individuals
who meet its education, experience and examination requirements. The organization shall be
accredited by the National Commission of Certifying Agencies (NCCA) or the Council of
Engineering and Scientific Specialty Boards (CESB), or a nationally recognized accrediting body
which uses certification criteria equal to or greater than that of the NCCA or CESB.
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L.2002,c.50,s.3.
56:8-116 Certification by safety professional certification organization required
It shall be an unlawful practice for any person to advertise or hold himself out as possessing a
professional safety certification from a safety professional certification organization unless that
person is certified by the applicable safety professional certification organization.
L.2002,c.50,s.4.
56:8-117 Motor vehicle window tinting, informing customer of State restrictions; required
It shall be an unlawful practice for a person engaged in the retail sale and installation of motor
vehicle window tinting materials or film to:
a. Sell any such material or film without first notifying the purchaser that the application of
these materials or film to the windshield or the front windows to the left and right of the driver
of any motor vehicle registered in the State is a violation of State law and regulation. The
notice required under this paragraph shall be given by the conspicuous posting of a sign at the
point where the window tinting materials or film are offered for sale. The sign shall state
substantially the following:
"NJ STATE LAW PROHIBITS ADD-ON TINTING ON
WINDSHIELDSAND FRONT SIDE WINDOWS"
The notice required under this paragraph shall not apply to catalog sales of motor vehicle
tinting materials or film where the purchase and payment are made by mail, telephone or other
telecommunications or electronic method; or
b. Install or apply any such material or film on or to the windshield or the windows to the left
and right of the driver of any motor vehicle registered in the State unless the purchaser exhibits
a certificate or card, issued pursuant to P.L.1999, c.308 (C.39:3-75.1 et seq.), authorizing the
installation or application of the material or film on or to the windshield or front windows to
the left and right of the driver of that car for medical reasons involving ophthalmic or
dermatologic photosensitivity.
L.2003,c.21,s.1.
56:8-118. Rules, regulations; public information program
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety
shall:
a. Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act;
and
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b. Develop and undertake a public information program to inform persons engaged in the
retail sale and installation of motor vehicle window tinting materials and film and the general
public of the provisions of this act.
L.2003,c.21,s.2.
56:8-119. Findings, declarations relative to telemarketing calls
a. The Legislature finds and declares that telemarketing calls:
(1) Have interrupted the public's privacy, family life and home sanctity with unsolicited
phone calls to sell products and services;
(2) Cannot be selectively ignored by recipients, since the calls are commonly made by
means which do not enable the recipient to use caller I.D. to identify, in advance, a
telemarketing call or an emergency;
(3) May arrive at inconvenient times when a resident or family member is retired for
the night;
(4) May arrive when a resident or family member is having a meal and the interruption
disrupts valuable time when family members are together, where family members are more
remote from a telephone and when food may, during the interruption, cool, melt, thicken,
dry, or undergo a change in palatability;
(5) May arrive at inconvenient times when a resident or family member is engaged in
entertainment, a compelling activity or relaxation;
(6) Use a strategy called "predictive calling" which results in tens of thousands of call
recipients rushing to answer phone calls, to find no one is on the line. This results in great
aggravation and inconvenience to the public, merely to spare telemarketers (who won't
identify themselves as the source of the aggravation) the inconvenience of finding no one
home;
(7) Have been made to wireless phone lines resulting in cost to the recipient, and in
some cases, endangering the recipient's safety when they may have been driving;
(8) Have been increasing in number, causing increased inconvenience, widespread
public outrage and urgent appeals to protect the public from such calls;
(9) Are not the only means for marketers to promote their product or services to
prospective customers, although marketers often claim it to be more economical and more
productive than other means to provide the benefits of increased competition. Marketers
have available mail, email, face to face personal solicitation and various forms of
advertising;
(10) Are in some cases beyond the regulatory jurisdiction of this Legislature and any
New Jersey statute, because they are forms of speech protected by State and federal
constitutional case law.
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b. The Legislature further declares it to be the policy of this State to provide the broadest
possible protection to protect public privacy and the sanctity of homes and to protect families
and individuals from unsolicited interruptions.
c. It is not the intent of the State to restrict telemarketing activity where such activity is
protected by State and federal case law, where such restriction is prohibited by State and federal
constitutional case law or to restrict purely charitable activities.
L.2003,c.76,s.1.
56:8-120. Definitions relative to telemarketing calls
As used in this act:
"Customer" means an individual who is a resident of this State and a prospective recipient of
a telemarketing sales call.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
"Local exchange telephone company" means a telecommunications carrier authorized by the
Board of Public Utilities to provide local telecommunications services.
"Merchandise" means merchandise as defined in subsection (c) of section 1 of P.L.1960, c.39
(C.56:8-1), including an extension of credit.
"No telemarketing call list" or "no call list" means a list of telephone numbers of customers in
this State who desire not to receive unsolicited telemarketing sales calls.
"Telemarketer" means any entity, whether an individual proprietor, corporation, partnership,
limited liability corporation or any other form of business organization, whether on behalf of itself
or others, who makes residential telemarketing sales calls to a customer when the customer is in
this State or any person who directly controls or supervises the conduct of a telemarketer.
"Telemarketing" means any plan, program or campaign which is conducted by telephone to
encourage the purchase or rental of, or investment in, merchandise, but does not include the
solicitation of sales through media other than a telephone call.
"Telemarketing sales call" means a telephone call made by a telemarketer to a customer as part
of a plan, program or campaign to encourage the purchase or rental of, or investment in,
merchandise, except for continuing services. A telephone call made to an existing customer for
the sole purpose of collecting on accounts or following up on contractual obligations shall not be
deemed a telemarketing sales call.
"Unsolicited telemarketing sales call" means any telemarketing sales call other than a call
made:
(1) in response to an express written request of the customer called; or
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(2) to an existing customer, which shall include the ability to collect on accounts and
follow up on contractual obligations, unless the customer has stated to the telemarketer that
the customer no longer desires to receive the telemarketing sales calls of the telemarketer.
L.2003,c.76,s.2; amended 2003, c.208, s.1.
56:8-121. Unsolicited telemarketing calls prohibited, telemarketer registration required; fee
a. A person shall not make or cause to be made, or attempt to make or cause to be made, an
unsolicited telemarketing sales call to a customer in the State of New Jersey unless that person
is registered with or employed by a person who is registered with the Division of Consumer
Affairs in the Department of Law and Public Safety in accordance with the provisions of this
act.
b. Every telemarketer, including telemarketers whose residence or principal place of business
is located outside of this State, shall annually register with the director. Application for
registration shall be on a form provided by the director and shall include the name and address
of the applicant and any other information which the director shall prescribe by rule. The
application shall be accompanied by a reasonable fee, set by the director in an amount sufficient
to defray the division's expenses incurred in administering and enforcing this act.
L.2003,c.76,s.3.
56:8-122. Additional requirements for registration
In addition to any other procedure, condition or information required by this act:
a. Every applicant for registration shall file a disclosure statement with the director stating
whether the applicant has been convicted of any crime, which for the purposes of this act shall
mean a violation of any of the following provisions of the "New Jersey Code of Criminal
Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other
jurisdiction:
(1) Any crime of the first degree;
(2) Any crime which is a second or third degree crime and is a violation of chapter 20
or 21 of Title 2C of the New Jersey Statutes; or
(3) Any other crime which is a violation of N.J.S.2C:5-1, N.J.S.2C:5-2, N.J.S.2C:12-
3, N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:20-4, N.J.S.2C:20-5, N.J.S.2C:20-7,
N.J.S.2C:20-9, N.J.S.2C:21-1, N.J.S.2C:21-2, section 1 of P.L.1983, c.565 (C.2C:21-2.1),
section 2 of P.L.1997, c.385 (C.2C:21-2.3), N.J.S.2C:21-3, N.J.S.2C:21-4, N.J.S.2C:21-5,
N.J.S.2C:21-6, N.J.S.2C:21-7, N.J.S.2C:21-9 through N.J.S.2C:21-17, N.J.S.2C:21-19, or
section 3 of P.L.1994, c.121 (C.2C:21-25),chapter 27 or 28 of Title 2C of the New Jersey
Statutes, N.J.S.2C:30-2, or N.J.S.2C:30-3.
b. Each disclosure statement may be reviewed and used by the director as grounds for
denying, suspending or revoking registration, except that in cases in which the provisions of
P.L.1968, c.282 (C.2A:168A-1 et seq.) apply, the director shall comply with the requirements
of that act.
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c. An applicant whose registration is denied, suspended or revoked pursuant to this section
shall, upon a written request transmitted to the director within 30 calendar days of that action,
be afforded an opportunity for a hearing in a manner provided for contested cases pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
d. An applicant shall have the continuing duty to provide any assistance or information
requested by the director, and to cooperate in any inquiry, investigation or hearing conducted
by the director.
e. If any of the information required to be included in the disclosure statement changes, or if
additional information should be added after the filing of the statement, the applicant shall
provide that information to the director, in writing, within 30 calendar days of the change or
addition.
L.2003,c.76,s.4.
56:8-123. Refusal to issue, renew; revocation of license
a. The director may refuse to issue or renew, and may revoke, any registration for failure to
comply with, or violation of, the provisions of this act or any regulation promulgated pursuant
to this act. A refusal or revocation shall not be made except upon reasonable notice to, and
opportunity to be heard by, the applicant or registrant.
b. The director, in lieu of revoking a registration, may suspend the registration for a
reasonable period of time, or assess a penalty in lieu of suspension, or both, and may issue a
new registration, notwithstanding the revocation of a prior registration, if the applicant is found
to have become entitled to the new registration.
L.2003,c.76,s.5.
56:8-124. Registration number to remain property of State
a. Any registration number issued by the director shall remain the property of the State and
shall be immediately returned to the director upon its suspension, non-renewal or revocation
pursuant to this act.
b. The issuance of a registration to an applicant who is a nonresident of this State shall be
deemed to be the applicant's irrevocable consent that service of process in any action or
proceeding may be made upon the applicant by service upon the director.
L.2003,c.76,s.6.
56:8-125. Reporting of change in information
Any material change in any information filed with the director pursuant to this act shall be
reported in writing to the director within 30 business days of the change.
L.2003,c.76,s.7.
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56:8-126. Maintenance of bond by registrant
a. The director may establish that any person required to be registered pursuant to this act
maintain a bond issued by a surety authorized to transact business in this State. The principal
sum of the bond shall not be less than $25,000, which amount the director may adjust by
regulation. The bond shall be filed or deposited with the director for the use of any person
who is damaged or suffers any loss for any violation of this act. Any person claiming against
the bond may maintain an action at law against the surety or director, as the case may be. The
aggregate liability of the surety or director to all persons for all breaches of the conditions of
the bond held by the director shall not exceed the amount of the bond held by the director.
b. The director may also establish that any person required to be registered pursuant to this
act file a copy of the bond with the director and a certificate by the surety that the surety will
notify the director at least 10 days in advance of the date of any cancellation or material change
in the bond.
L.2003,c.76,s.8.
56:8-127. Establishment, maintenance of no telemarketing call list, use of national registry
The division shall establish and maintain a no telemarketing call list and may utilize for this
purpose, in any manner the director deems appropriate, the national do-not-call registry as
maintained by the Federal Trade Commission. The division may contract with a private vendor to
establish and maintain the no call list, provided:
a. the private vendor meets standards established by the division by regulations that require
that the vendor:
(1) is financially sound;
(2) has the capacity to perform the service required;
(3) has a record of past performance; and
(4) does not have a conflict of interest with a telemarketer or an association thereof;
and
b. the contract requires the vendor to provide the list in a printed hard copy format, and in any
other format, as prescribed by the division.
L.2003,c.76,s.9; amended 2003, c.208, s.2.
56:8-128 Requirements relative to telemarketing sales calls
a. No telemarketer shall make or cause to be made any unsolicited telemarketing sales call to
any customer whose telephone number is included on the no telemarketing call list established
pursuant to section 9 of this act, except for a call made within three months of the date the
customer's telephone number was first included on the no call list but only if the telemarketer
had at the time of the call not yet obtained a no call list which included the customer's telephone
number and the no call list used by the telemarketer was issued less than three months prior to
the time the call was made.
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b. A telemarketer making a telemarketing sales call shall, within the first 30 seconds of the
call, accurately identify the telemarketer's name, the person on whose behalf the call is being
made, and the purpose of the call.
c. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call
to any customer between the hours of 9 p.m. and 8 a.m., local time, at the customer's location.
d. A telemarketer shall not intentionally use any method that blocks a caller identification
service from displaying caller identification information or otherwise circumvents a customer's
use of a telephone caller identification service, including, but not limited to, the use of any
technology or method which displays a telephone number or name not associated with the
telemarketer or intentionally designed to misrepresent the telemarketer's identity.
L.2003,c.76,s.10; amended 2003, c.208, s.3; 2005, c.289.
56:8-129. Inclusion on list, notice to customers of existence of list, updating; directory
information
a. A customer who desires to be included on the no telemarketing call list shall notify the
division by calling a toll-free number provided or denominated by the division, or in any other
manner and at a time prescribed by the division. A customer who is included on the no call
list shall be removed from the no call list upon the customer's written request. The no call list
shall be updated not less than quarterly and the division shall, if the no call list is not readily
accessible through other means, make the no call list available to registered telemarketers for
a fee that the division shall prescribe.
b. A local exchange telephone company shall include, in every telephone directory published
after the effective date of this act, notice concerning the provisions of this act as those
provisions relate to the rights of customers with respect to telemarketers and the no
telemarketing call list. A local exchange telephone company shall also enclose, at least
semiannually, in every telephone bill, a notice concerning the provisions of this act as those
provisions relate to the rights of customers with respect to telemarketers and the no
telemarketing call list.
L.2003,c.76,s.11; amended 2003, c.208, s.4.
56:8-130 Prohibited practices; "commercial mobile service," "commercial mobile service
device" defined
a. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call
to a commercial mobile service device of any customer, except that a telemarketer that is a
commercial mobile services company may call its customer using its commercial mobile
services if its customer will not incur telecommunication charges or a usage allocation
deduction as a result of the call and the call is directly related to the commercial mobile services
of the commercial mobile services company, unless the customer has stated to the commercial
mobile services company that the customer no longer desires to receive these calls.
b. For the purposes of this section, "commercial mobile service" means a type of mobile
telecommunications service as defined in subsection (d) of section 332 of the Communications
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Act of 1934 (47 U.S.C. s.332(d)); and "commercial mobile service device" means any
equipment used for the purpose of providing commercial mobile service.
c. The provisions of this section shall apply to those numbers for commercial mobile service
devices which the division is able to distinguish from numbers for devices for
telecommunications service, as defined in section 2 of P.L.1991, c.428 (C.48:2-21.17), on the
30th day following certification of such to the Governor and the Legislature.
L.2003, c.76, s.12; amended 2015, c.2, s.1.
56:8-131. Construction of act
Nothing in this act shall be construed to restrict any right which a person may have under any
other statute or at common law.
L.2003,c.76,s.13.
56:8-132. Violations, penalties; exceptions
A violation of any provision of this act shall be an unlawful practice subject to the penalties
applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129
(C.56:8-14.3), except that a person may not be held liable for violating this act if:
a. the person has obtained a copy of, and updated quarterly, the no call list and has established
and implemented written policies and procedures related to the requirements of this act;
b. the person has trained telemarketers in the person's employ in the requirements of this act;
c. the person maintains records demonstrating compliance with subsections a. and b. of this
section and the requirements of this act; and
d. any unsolicited telemarketing sales call is an isolated call made no more than one time in
a 12-month period.
L.2003,c.76,s.14.
56:8-133. "Consumer Protection Fund"
There is hereby established in the General Fund a special dedicated, non-lapsing fund to be
known as the "Consumer Protection Fund," which shall be administered by the State Treasurer.
The State Treasurer shall deposit into the "Consumer Protection Fund" all fees and penalties
collected pursuant to this act.
The Legislature shall annually appropriate from the fund monies to the division for the
payment of costs of producing and distributing educational materials and conducting educational
activities relating to the promotion of the no telemarketing call list and all related costs and
expenditures incurred in the administration of this act.
L.2003,c.76,s.15.
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56:8-134. Rules, regulations
The division, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act,
which shall include, but not be limited to:
a. provisions governing the availability and distribution of the no call list established pursuant
to section 9 of this act;
b. any other matters relating to the no call list established pursuant to section 9 of this act that
the division deems necessary; and
c. such procedures as may be most effective to ensure that the no call list is up-to-date and
accurately reflects the telephone numbers of persons wishing to be on the no call list and
procedures to identify telephone numbers that have been reallocated to persons other than those
who have indicated that they wish to be on the no call list. Such procedures may include, but
not be limited to, establishing a means of matching the no call list with the names and numbers
of persons with current listings supplied by the local exchange telephone companies, or
establishing a requirement for re-enrollment to the list from time to time.
L.2003,c.76,s.16; amended 2003, c.208, s.5.
56:8-135. Information not considered government record
Information submitted to the division by a customer pursuant to the provisions of this act shall
not be a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law
concerning access to government records except as provided in this act.
L.2003,c.76,s.17.
56:8-136 Short title.
This act shall be known and may be cited as the "Contractors' Registration Act."
L.2004,c.16,s.1.
56:8-137 Definitions relative to home improvement contractors
As used in this act:
"Contractor" means a person engaged in the business of making or selling home improvements
and includes a corporation, partnership, association and any other form of business organization
or entity, and its officers, representatives, agents and employees.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
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"Home elevation" means any home improvement that involves raising an entire residential or
non-commercial structure to a higher level above the ground.
"Home elevation contractor" means a contractor who engages in the practice of home
elevation.
"Home improvement" means the remodeling, altering, renovating, repairing, restoring,
modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part
of any residential or non-commercial property. Home improvement shall also include insulation
installation, home elevation, and the conversion of existing commercial structures into residential
or non-commercial property.
"Home improvement contract" means an oral or written agreement for the performance of a
home improvement between a contractor and an owner, tenant or lessee, of a residential or
noncommercial property, and includes all agreements under which the contractor is to perform
labor or render services for home improvements, or furnish materials in connection therewith.
"Residential or non-commercial property" means any single or multi-unit structure used in
whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of
the lot or site on which the structure is situated which is devoted to the residential use of the
structure.
L.2004, c.16, s.2; amended 2014, c.34, s.3.
56:8-138 Registration for contractors; application, fee
a. On or after December 31, 2005, no person shall offer to perform, or engage, or attempt to
engage in the business of making or selling home improvements unless registered with the
Division of Consumer Affairs in accordance with the provisions of this act.
b. Every contractor shall annually register with the director. Application for registration shall
be on a form provided by the division and shall be accompanied by a reasonable fee, set by the
director in an amount sufficient to defray the division's expenses incurred in administering and
enforcing this act.
c. Every contractor required to register under this act shall file an amended registration within
20 days after any change in the information required to be included thereon. No fee shall be
required for the filing of an amendment.
L.2004,c.16,s.3; amended 2004, c.155, s.1.
56:8-138.1 Identification badge required for certain contractors
a. Every contractor required to register under the "Contractors' Registration Act," P.L.2004,
c.16 (C.56:8-136 et seq.) shall have in his possession an identification badge, issued pursuant
to subsection b. of this section, whenever the contractor is performing, or engaging, or
attempting to engage, in the business of making or selling home improvements. The
identification badge shall be plainly visible and worn on the upper left corner of his torso when
the contractor is performing, or engaging, or attempting to engage, in the business of selling
home improvements.
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b. Upon the application of a registered contractor, the director shall issue, or cause to be
issued, a personalized identification badge to the contractor. The identification badge shall
include a color photograph of the contractor's face, the contractor's name, the contractor's
registration number, and the name of the contractor's business displayed in a manner that will
be plainly visible and permit recognition when worn by the contractor. The badge shall include
a statement, written in such a way as to be plainly visible when worn by the contractor, that
the badge is not for an electrical contractor, plumbing contractor or HVACR contractor license.
The identification badge shall be made in such a way and of such material that any attempt to
alter the badge will result in it being immediately, permanently and obviously ruined. The
photograph included on the identification badge shall be taken no more than four weeks before
the date upon which the identification badge is issued. A contractor shall apply for and obtain
a new identification badge at least once every six years.
c. The director may charge the contractor a reasonable fee to cover the costs of the
identification badge issued pursuant to this section.
d. A contractor who has been issued an identification badge pursuant to subsection b. of this
section and whose registration has been suspended, revoked, or has not been renewed, shall,
within three days of that suspension, revocation or nonrenewal, surrender the identification
badge to the director.
e. A person who knowingly exhibits or displays an identification badge issued pursuant to
subsection b. of this section and is not at that time registered as a contractor pursuant to the
"Contractors' Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.), including any contractor
who has had his registration revoked, suspended, or not renewed, is guilty of a crime of the
fourth degree.
L.2013, c.144, s.1.
56:8-138.2 Home elevation contractors, rules, regulations; fees; penalties
a. In addition to complying with the other requirements of the "Contractors' Registration Act,"
P.L.2004, c.16 (C.56:8-136 et seq.), no person shall offer to perform, or engage, or attempt to
engage in the business of home elevation unless registered with the division as a home
elevation contractor.
b. The division shall adopt rules and regulations pursuant to the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the
provisions of P.L.2014, c.34 (C.56:8-138.2 et al.) with regard to registration of home elevation
contractors, and may establish fees for this purpose. Notwithstanding the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the
Division of Consumer Affairs may adopt immediately upon filing with the Office of
Administrative Law rules and regulations for this purpose, which shall be effective for a period
not to exceed 270 days following the date of enactment of P.L.2014, c.34 (C.56:8-138.2 et al.),
and may thereafter be amended, adopted, or readopted, by the division in accordance with the
requirements of the "Administrative Procedure Act".
c. In addition to any other civil or criminal penalty that may apply, any person who makes a
false statement in connection with the process for registration as a home elevation contractor
pursuant to this section or in regard to any statement required to be made pursuant to section 7
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of P.L.2004, c.16 (C.56:8-142) shall be liable for a civil penalty of not less than $10,000 or
more than $25,000. Such penalty may be imposed by the director and shall be collected by
summary proceedings instituted in accordance with the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.).
d. In addition to any other action that may be authorized by law, the director may suspend or
revoke the home improvement contractor registration and home elevation contractor
registration of any person who violates any provision of P.L.2014, c.34 (C.56:8-138.2 et al.).
L.2014, c.34, s.1.
56:8-139 Act applicable to contractors who publicly advertise
Except for persons exempted pursuant to section 5 of this act, any person who advertises in
print or puts out any sign or card or other device on or after December 31, 2005, which would
indicate to the public that he is a contractor in New Jersey, or who causes his name or business
name to be included in a classified advertisement or directory in New Jersey on or after December
31, 2005, under a classification for home improvements covered by this act, is subject to the
provisions of this act. This section shall not be construed to apply to simple residential alphabetical
listings in standard telephone directories.
L.2004,c.16,s.4; amended 2004, c.155, s.2.
56:8-140 Inapplicability of act
The provisions of this act shall not apply to:
a. Any person required to register pursuant to "The New Home Warranty and Builders'
Registration Act," P.L.1977, c.467
(C.46:3B-1 et seq.);
b. Any person performing a home improvement upon a residential or non-commercial
property he owns, or that is owned by a member of his family, a bona fide charity, or other
non-profit organization;
c. Any person regulated by the State as an architect, professional engineer, landscape
architect, land surveyor, electrical contractor, master plumber, or any other person in any other
related profession requiring registration, certification, or licensure by the State, who is acting
within the scope of practice of his profession;
d. Any person who is employed by a community association or cooperative corporation;
e. Any public utility as defined under R.S.48:2-13;
f. Any person licensed under the provisions of section 16 of P.L.1960, c.41 (C.17:16C-77);
and
g. Any home improvement retailer with a net worth of more than $50,000,000, or employee
of that retailer.
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L.2004,c.16,s.5.
56:8-141 Additional requirements; refusal to issue or suspend or revoke registration;
grounds
In addition to any other procedure, condition or information required by this act:
a. Every applicant shall file a disclosure statement with the director stating whether the
applicant has been convicted of any crime, which for the purposes of this act shall mean a
violation of any of the following provisions of the "New Jersey Code of Criminal Justice,"
Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction:
(1) Any crime of the first degree;
(2) Any crime which is a second or third degree crime and is a violation of chapter 20
or 21 of Title 2C of the New Jersey Statutes; or
(3) Any other crime which is a violation of N.J.S.2C:5-1, 2C:5-2, 2C:11-2 through
2C:11-4, 2C:12-1, 2C:12-3, 2C:13-1, 2C:14-2, 2C:15-1, subsection a. or b. of 2C:17-1,
subsection a. or b. of 2C:17-2, 2C:18-2, 2C:20-4, 2C:20-5, 2C:20-7, 2C:20-9, 2C:21-2
through 2C:21-4, 2C:21-6, 2C:21-7, 2C:21-12, 2C:21-14, 2C:21-15, or 2C:21-19, chapter
27 or 28 of Title 2C of the New Jersey Statutes, N.J.S.2C:30-2, 2C:30-3, 2C:35-5, 2C:35-
10, 2C:37-1 through 2C:37-4.
b. The director may refuse to issue or may suspend or revoke any registration issued by him
upon proof that the applicant or holder of the registration:
(1) Has obtained a registration through fraud, deception or misrepresentation;
(2) Has engaged in the use or employment of dishonesty, fraud, deception,
misrepresentation, false promise or false pretense;
(3) Has engaged in gross negligence, gross malpractice or gross incompetence;
(4) Has engaged in repeated acts of negligence, malpractice or incompetence;
(5) Has engaged in professional or occupational misconduct as may be determined by
the director;
(6) Has been convicted of any crime involving moral turpitude or any crime relating
adversely to the activity regulated by this act. For the purpose of this subsection a plea of
guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity
shall be deemed a conviction;
(7) Has had his authority to engage in the activity regulated by the director revoked or
suspended by any other state, agency or authority for reasons consistent with this section;
(8) Has violated or failed to comply with the provisions of any act or regulation
administered by the director;
(9) Is incapable, for medical or any other good cause, of discharging the functions of a
licensee in a manner consistent with the public's health, safety and welfare.
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c. An applicant whose registration is denied, suspended, or revoked pursuant to this section
shall, upon a written request transmitted to the director within 30 calendar days of that action,
be afforded an opportunity for a hearing in a manner provided for contested cases pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
d. An applicant shall have the continuing duty to provide any assistance or information
requested by the director, and to cooperate in any inquiry, investigation, or hearing conducted
by the director.
e. If any of the information required to be included in the disclosure statement changes, or if
additional information should be added after the filing of the statement, the applicant shall
provide that information to the director, in writing, within 30 calendar days of the change or
addition.
f. Notwithstanding the provisions of paragraph (6) of subsection b. of this section, no
individual shall be disqualified from registration or shall have registration revoked on the basis
of any conviction disclosed if the individual has affirmatively demonstrated to the director
clear and convincing evidence of the individual's rehabilitation. In determining whether an
individual has affirmatively demonstrated rehabilitation, the following factors shall be
considered:
(1) The nature and responsibility of the position which the convicted individual would
hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense; and
(8) Any evidence of rehabilitation, including good conduct in prison or in the
community, counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional work-release
programs, or the recommendation of persons who have had the individual under their
supervision.
L.2004,c.16,s.6.
56:8-142 Proof of commercial general liability insurance, cargo, other insurance, posting of
bond; requirements
a. On or after December 31, 2005, every registered contractor who is engaged in home
improvements shall secure, maintain and file with the director proof of a certificate of
commercial general liability insurance in a minimum amount of $500,000 per occurrence.
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b. Every registered contractor engaged in home improvements whose commercial general
liability insurance policy is cancelled or nonrenewed shall submit to the director a copy of the
certificate of commercial general liability insurance for a new or replacement policy which
meets the requirements of subsection a. of this section before the former policy is no longer
effective.
c. Every home elevation contractor engaged in performing home elevations, in addition to the
insurance required pursuant to subsection a. of this section, shall secure and maintain cargo or
other insurance that specifically covers home elevation activities, in a minimum amount of
$1,000,000 per occurrence to cover damages or other losses to the homeowner, lessee, tenant
or other party resulting from a home elevation, except as otherwise provided in this subsection.
The Director of the Division of Consumer Affairs in consultation with the Department of
Banking and Insurance may promulgate rules and regulations to implement this subsection,
which rules and regulations also may require that home elevation contractors secure and
maintain additional insurance of such kind and in such amounts as the director may determine
in consultation with the Department of Banking and Insurance. In addition to or as an
alternative to the insurance required by this subsection, the director may also require the
posting of a bond in favor of the owner, lessee, tenant or other party to the home improvement
contract for home elevation. Every bond and insurance policy required to be maintained under
this subsection shall provide that the issuer of that bond or policy shall give the director written
notice of cancellation or non-renewal of the bond or policy within 10 days of the cancellation
or non-renewal.
d. A home elevation contractor, prior to entering into an agreement to perform a home
elevation, shall provide proof of insurance to the homeowner including the issuing insurer,
policy number, type, and amount of insurance coverage maintained by the contractor in
accordance with this section.
L.2004, c.16, s.7; amended 2004, c.155, s.3; 2014, c.34, s.4.
56:8-143 Refusal to issue, renew, revocation, suspension of registration; procedures
a. The director may refuse to issue or renew, and may revoke, any registration for failure to
comply with, or violation of, the provisions of this act or for any other good cause shown within
the meaning and purpose of this act. A refusal or revocation shall not be made except upon
reasonable notice to, and opportunity to be heard by, the applicant or registrant.
b. The director, in lieu of revoking a registration, may suspend the registration for a
reasonable period of time, or assess a penalty in lieu of suspension, or both, and may issue a
new registration, notwithstanding the revocation of a prior registration, if the applicant is found
to have become entitled to the new registration.
L.2004,c.16,s.8.
56:8-144 Display of registration number; requirements
a. All registrants shall prominently display their registration numbers within their places of
business, in all advertisements distributed within this State, on business documents, contracts
and correspondence with consumers of home improvement services in this State, and on all
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commercial vehicles registered in this State and leased or owned by registrants and used by
registrants for the purpose of providing home improvements, except for vehicles leased or
rented to customers of registrants by a registrant or any agent or representative thereof.
b. Any invoice, contract or correspondence given by a registrant to a consumer shall
prominently contain the toll-free telephone number provided pursuant to section 14 of this act.
L.2004,c.16,s.9.
56:8-145 Applicability of act to out-of-State contractors
The provisions of this act shall apply to any person engaging in any of the activities regulated
by this act in this State, including persons whose residence or principal place of business is located
outside of this State.
L.2004,c.16,s.10.
56:8-146 Violations, fourth degree crime
a. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any
provision of this act.
b. In addition to any other penalty provided by law, a person who knowingly violates any of
the provisions of this act is guilty of a crime of the fourth degree.
L.2004,c.16,s.11.
56:8-147 Supersedure of municipal ordinance, regulation
a. This act shall supersede any municipal ordinance or regulation that provides for the licensing
or registration of contractors or for the protection of homeowners by bonds or warranties
required to be provided by contractors, exclusive of those required by water, sewer, utility, or
land use ordinances or regulations.
b. No municipality shall issue a construction permit for any home improvement to any
contractor who is not registered pursuant to the provisions of this act.
L.2004,c.16,s.12.
56:8-148 Municipal powers preserved
This act shall not deny to any municipality the power to inspect a contractor's work or
equipment, the work of a contractor who performs improvements to commercial property, or the
power to regulate the standards and manners in which the contractor's work shall be done.
L.2004,c.16,s.13.
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56:8-149 Public information campaign, toll free number
a. The director shall establish and undertake a public information campaign to educate and
inform contractors and the consumers of this State of the provisions of this act. The public
information campaign shall include, but not be limited to, the preparation, printing and
distribution of booklets, pamphlets or other written pertinent information.
b. The director shall provide a toll-free telephone number for consumers making inquiries
regarding contractors.
L.2004,c.16,s.14.
56:8-150 Applicability of C.56:8-1 et seq
Nothing in this act shall limit the application of P.L.1960, c.39 (C.56:8-1 et seq.), or any
regulations promulgated thereunder, in regard to the registration or regulation of contractors.
L.2004,c.16,s.15.
56:8-151 Contracts, certain, required to be in writing; contents
a. On or after December 31, 2005, every home improvement contract for a purchase price in
excess of $500, and all changes in the terms and conditions of the contract, shall be in writing.
The contract shall be signed by all parties thereto, and shall clearly and accurately set forth in
legible form and in understandable language all terms and conditions of the contract, including
but not limited to:
(1) The legal name, business address, and registration number of the contractor;
(2) A copy of the certificate of commercial general liability insurance required of a
contractor pursuant to section 7 of this act and the telephone number of the insurance
company issuing the certificate; and
(3) The total price or other consideration to be paid by the owner, including the finance
charges.
b. On or after December 31, 2005, a home improvement contract may be cancelled by a
consumer for any reason at any time before midnight of the third business day after the
consumer receives a copy of it. In order to cancel a contract the consumer shall notify the
contractor of the cancellation in writing, by registered or certified mail, return receipt
requested, or by personal delivery, to the address specified in the contract. All moneys paid
pursuant to the cancelled contract shall be fully refunded within 30 days of receipt of the notice
of cancellation. If the consumer has executed any credit or loan agreement through the
contractor to pay all or part of the contract, the agreement or note shall be cancelled without
penalty to the consumer and written notice of that cancellation shall be mailed to the consumer
within 30 days of receipt of the notice of cancellation. The contract shall contain a conspicuous
notice printed in at least 10-point bold-faced type as follows:
"NOTICE TO CONSUMER
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YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE
THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU
WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY
REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF
CANCELLATION TO:
(Name of Contractor)
(Address of Contractor)
(Phone Number of Contractor)
If you cancel this contract within the three-day period, you are entitled to a full refund of your
money. Refunds must be made within 30 days of the contractor's receipt of the cancellation
notice."
L.2004,c.16,s.16; amended 2004, c.155, s.4.
56:8-152 Rules, regulations
The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of
this act.
L.2004,c.16,s.17.
56:8-153 Definitions relative to unsolicited credit cards, checks
As used in this act:
"Check" means a demand draft drawn on or payable through an office of a depository
institution located in the United States that has imprinted on it the account holder's name and the
depository institution's name, location and routing number.
"Credit card" means any card, plate, coupon book, or other single credit device that may be
used from time to time to obtain credit.
"Unsolicited check" means any check mailed or otherwise delivered to a person for the purpose
of drawing on an existing account that is an extension of credit or activating an account to obtain
credit other than:
(1) in response to a request or application for a check or account; or
(2) as a substitute for a check or account previously issued to the person to whom the
check is mailed or otherwise delivered.
"Unsolicited credit card" means any credit card mailed or otherwise delivered to a person other
than:
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(1) in response to a request or application for a credit card; or
(2) as a renewal or substitute for a credit card previously issued to the person to whom
the credit card is mailed or otherwise delivered.
L.2004,c.159,s.1.
56:8-154 Delivery of unsolicited credit card, unlawful practice
It shall be an unlawful practice for any person to mail or otherwise deliver an unsolicited credit
card to a person in this State.
L.2004,c.159,s.2.
56:8-155 Unsolicited credit card, unaccepted, immunity from liability for use
No person in whose name an unsolicited credit card is issued shall be liable for any amount
resulting from use of that card, from which that person or a member of that person's family or
household derives no benefit, unless the person has accepted the card by activating the card or
using the card, or by authorizing use of the card by another person. Failure to destroy or return an
unsolicited credit card shall not constitute acceptance of the card.
L.2004,c.159,s.3.
56:8-156 Unsolicited check, unaccepted, immunity from liability for use
No person in whose name an unsolicited check is issued shall be liable for any amount resulting
from use of that check or account, unless the person who is the holder of the account upon which
the check is to be drawn, or who is the payee on the check, as the case may be, has accepted the
check or account by using the check or account. Failure to destroy or return an unsolicited check
shall not constitute acceptance of the check or account.
L.2004,c.159,s.4.
56:8-157 Definitions relative to certain unsolicited advertisements over telephone lines
As used in this act:
"Existing business relationship" means a relationship formed by a voluntary two-way
communication between a person or entity and a residential or business subscriber with or without
an exchange of consideration, on the basis of an inquiry, application, purchase, membership or
transaction by the residential or business subscriber regarding products or services offered by such
person or entity.
"Nonprofit organization" means a nonprofit organization that is exempt from federal taxation
pursuant to Section 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. s. 501(c)(3)) or
section 501(c)(6) of the federal Internal Revenue Code (26 U.S.C. s.501(c)(6)).
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"Telephone facsimile machine" means equipment which has the capacity to transcribe text or
images, or both, from paper into an electronic signal and to transmit that signal over a regular
telephone line or to transcribe text or images, or both, from an electronic signal received over a
regular telephone line onto paper.
"Unsolicited advertisement" means any material advertising the commercial availability or
quality of any property, goods, or services which is transmitted to any person without that person's
prior express invitation or permission.
L.2005,c.114,s.1.
56:8-158 Sending unsolicited advertisement to telephone facsimile machine prohibited,
exceptions
a. A person within this State shall not use any telephone facsimile machine, computer or other
device to send an unsolicited advertisement to a telephone facsimile machine within this State.
This subsection shall not be construed to cover the actions of an internet service provider or
telecommunications service provider in the transmission, routing, relaying, handling, or storing
of the facsimile through an automatic technical process.
b. Subsection a. of this section shall not apply where there is an existing business relationship
between the sender of the unsolicited advertisement and the residential or business subscriber
or where a member of a nonprofit organization including, but not limited to, professional or
trade associations, sends an unsolicited advertisement to a member of the same organization,
directly and not through a centralized facsimile database or facsimile number list maintained
by the organization, provided that such unsolicited advertisement, whether sent pursuant to an
existing business relationship between the sender and the residential or business subscriber or
whether sent from one member of a nonprofit organization to another member of the same
organization, shall provide clear and conspicuous notice on the first page of the unsolicited
advertisement. Such notice shall include:
(1) disclosure to the recipient that the recipient may request the sender of the
unsolicited advertisement not to send any future unsolicited advertisements to the
recipient's telephone facsimile machine; and
(2) the domestic address and facsimile machine number for the recipient to transmit
such a request to the sender.
c. A request not to send future unsolicited advertisements to a telephone facsimile machine
shall:
(1) identify the telephone number of the telephone facsimile machine to which the
request relates;
(2) be made to the sender's domestic address or the facsimile machine number of the
sender provided in the notice to the recipient; and
(3) be sent in written form to the sender's domestic address or sent by return facsimile
transmission to the sender's facsimile machine number, in order to be effective.
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Such request is effective unless subsequently the person making the request provides express
invitation or permission to the sender, in written form or by facsimile transmission, to send future
unsolicited advertisements to such person at such telephone facsimile machine.
d. Failure to honor a valid request, in written form or by facsimile transmission, not to send
future unsolicited advertisements pursuant to subsections c. through g. of this section, as
applicable, shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).
e. Nonprofit organizations, including but not limited to, professional or trade associations,
shall be exempt from subsection a. of this section and shall be allowed to send unsolicited
advertisements to their new and existing members in furtherance of the organization's purpose,
without penalty, provided that the organization provides to each of its prospective new
members at the time of membership application or to each of its existing members at the time
of membership renewal, as the case may be, clear and conspicuous notice of:
(1) the member's right to request the organization not to send any future unsolicited
advertisements to the member's telephone facsimile machine;
(2) the organization's domestic address and facsimile machine number to which its
members may transmit such a request to the organization; and
(3) the requirement that any such request to the organization shall be sent in written
form to the organization's domestic address or sent by return facsimile transmission to the
organization's facsimile number, in order to be effective.
A request by a member to a nonprofit organization not to send future unsolicited
advertisements to a member's telephone facsimile machine shall comply with the requirements of
this subsection and with the requirements of subsection c. of this section, as applicable. Failure of
a nonprofit organization to honor a valid request, in written form or by facsimile transmission,
from a member not to send future unsolicited advertisements pursuant to the requirements of this
subsection and the requirements of subsection c. of this section, as applicable, shall constitute a
violation of P.L.2005, c.114 (C.56:8-157 et seq.).
f. Members of nonprofit organizations, including but not limited to, professional or trade
associations, who send unsolicited advertisements to the telephone facsimile machines of other
members of the same organization by initially sending such advertisements to a centralized
facsimile database or facsimile number list maintained by the organization for the purpose of
distributing such advertisements to its membership shall be exempt from subsection a. of this
section and shall be allowed to send such unsolicited advertisements through such centralized
facsimile database or facsimile number list to other members of the same organization, without
penalty, provided that the organization provides to each of its prospective new members at the
time of membership application or to each of its existing members at the time of membership
renewal, as the case may be, clear and conspicuous notice of:
(1) the member's right to request that the organization not send any future unsolicited
advertisements from one or more other members of the same organization through such
centralized facsimile database or facsimile number list to the member's telephone facsimile
machine;
(2) the organization's domestic address and facsimile machine number to which its
members may transmit such a request to the organization; and
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(3) the requirement that any such request to the organization shall be sent in written
form to the organization's domestic address or sent by return facsimile transmission to the
organization's facsimile number, in order to be effective.
A request by a member to a nonprofit organization that the organization not send any future
unsolicited advertisements from one or more other members of the same organization through such
centralized facsimile database or facsimile number list to a member's telephone facsimile machine
shall comply with the requirements of this subsection and with the requirements of subsection c.
of this section, as applicable. Failure of the nonprofit organization to honor a valid request, in
written form or by facsimile transmission, from a member of the same organization not to send
any future unsolicited advertisements from one or more other members through such centralized
facsimile database or facsimile number list pursuant to the requirements of this subsection and the
requirements of subsection c. of this section, as applicable, shall constitute a violation of P.L.2005,
c.114 (C.56:8-157 et seq.).
g. Nonprofit organizations, including but not limited to, professional or trade associations,
shall be exempt from subsection a. of this section and shall be allowed to send unsolicited
advertisements to the telephone facsimile machine of any person, other than a new or existing
member of the sending organization, within this State, without penalty, provided that such
advertisements are intended to give the person notice of an event that is in furtherance of the
organization's purpose, and further provided that, any such unsolicited advertisements to the
person's telephone facsimile machine shall provide clear and conspicuous notice on the first
page of the unsolicited advertisement. Such notice shall include:
(1) disclosure to the person that the person may request the organization not to send
any such future unsolicited advertisements to the person's telephone facsimile machine;
(2) the domestic address and facsimile machine number for the person to transmit such
a request to the organization; and
(3) the requirement that any such request to the organization shall be sent in written
form to the organization's domestic address or sent by return facsimile transmission to the
organization's facsimile number, in order to be effective.
A request by a person to a nonprofit organization that the organization not send future
unsolicited advertisements to the person's telephone facsimile machine shall comply with the
requirements of this subsection and with the requirements of subsection c. of this section, as
applicable. Failure of a nonprofit organization to honor a valid request, in written form or by
facsimile transmission, from a person not to send future unsolicited advertisements pursuant to the
requirements of this subsection and the requirements of subsection c. of this section, as applicable,
shall constitute a violation of P.L.2005, c.114 (C.56:8-157 et seq.).
L.2005,c.114,s.2; amended 2007, c.85.
56:8-159 Action by aggrieved person
a. Any person aggrieved by a violation of this act may bring an action in the Superior Court in
the county where the transmission was sent or was received, or in which the plaintiff resides,
for damages or to enjoin further violations of this act.
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b. The court shall proceed in a summary manner and shall, in the event the plaintiff establishes
a violation of this act, enter a judgment for the actual damages sustained, or $500 for each
violation, whichever amount is greater, together with costs of suit and reasonable attorney's
fees.
c. If the plaintiff establishes that the sender was notified by return facsimile or written means
of communication to cease and desist transmission of such unsolicited advertisements, the
court shall enter a judgment, on account of each subsequent transmission, for actual damages
or $1,000 for each transmission, whichever amount is greater, together with costs of suit and
reasonable attorney's fees, not to exceed $1,000.
L.2005,c.114,s.3.
56:8-160 Violation constitutes unlawful practice
A violation of this act shall constitute an unlawful practice pursuant to P.L. 1960, c. 39 (C.56:8-
1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L. 1960, c. 39
(C. 56:8-1 et seq.), in addition to the remedies provided to an aggrieved person by section 3 of this
act.
L.2005,c.114,s.4.
56:8-161 Definitions relative to security of personal information
As used in sections 10 through 15 of P.L.2005, c.226 (C.56:8-161 through C.56:8-166):
"Breach of security" means unauthorized access to electronic files, media or data containing
personal information that compromises the security, confidentiality or integrity of personal
information when access to the personal information has not been secured by encryption or by any
other method or technology that renders the personal information unreadable or unusable. Good
faith acquisition of personal information by an employee or agent of the business for a legitimate
business purpose is not a breach of security, provided that the personal information is not used for
a purpose unrelated to the business or subject to further unauthorized disclosure.
"Business" means a sole proprietorship, partnership, corporation, association, or other entity,
however organized and whether or not organized to operate at a profit, including a financial
institution organized, chartered, or holding a license or authorization certificate under the law of
this State, any other state, the United States, or of any other country, or the parent or the subsidiary
of a financial institution.
"Communicate" means to send a written or other tangible record or to transmit a record by any
means agreed upon by the persons sending and receiving the record.
"Customer" means an individual who provides personal information to a business.
"Individual" means a natural person.
"Internet" means the international computer network of both federal and non-federal
interoperable packet switched data networks.
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"Personal information" means an individual's first name or first initial and last name linked
with any one or more of the following data elements: (1) Social Security number; (2) driver's
license number or State identification card number; (3) account number or credit or debit card
number, in combination with any required security code, access code, or password that would
permit access to an individual's financial account; or (4) user name, email address, or any other
account holder identifying information, in combination with any password or security question
and answer that would permit access to an online account. Dissociated data that, if linked, would
constitute personal information is personal information if the means to link the dissociated data
were accessed in connection with access to the dissociated data.
For the purposes of sections 10 through 15 of P.L.2005, c.226 (C.56:8-161 through C.56:8-
166), personal information shall not include publicly available information that is lawfully made
available to the general public from federal, state or local government records, or widely
distributed media.
"Private entity" means any individual, corporation, company, partnership, firm, association, or
other entity, other than a public entity.
"Public entity" includes the State, and any county, municipality, district, public authority,
public agency, and any other political subdivision or public body in the State. For the purposes of
sections 10 through 15 of P.L.2005, c.226 (C.56:8-161 through C.56:8-166), public entity does not
include the federal government.
"Publicly post" or "publicly display" means to intentionally communicate or otherwise make
available to the general public.
"Records" means any material, regardless of the physical form, on which information is
recorded or preserved by any means, including written or spoken words, graphically depicted,
printed, or electromagnetically transmitted. Records does not include publicly available
directories containing information an individual has voluntarily consented to have publicly
disseminated or listed.
L.2005, c.226, s.10; amended 2019, c.95, s.1.
56:8-162 Methods of destruction of certain customer records
A business or public entity shall destroy, or arrange for the destruction of, a customer's records
within its custody or control containing personal information, which is no longer to be retained by
the business or public entity, by shredding, erasing, or otherwise modifying the personal
information in those records to make it unreadable, undecipherable or nonreconstructable through
generally available means.
L.2005,c.226,s.11.
56:8-163 Disclosure of breach of security to customers
a. Any business that conducts business in New Jersey, or any public entity that compiles or
maintains computerized records that include personal information, shall disclose any breach of
security of those computerized records following discovery or notification of the breach to any
customer who is a resident of New Jersey whose personal information was, or is reasonably
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believed to have been, accessed by an unauthorized person. The disclosure to a customer shall
be made in the most expedient time possible and without unreasonable delay, consistent with
the legitimate needs of law enforcement, as provided in subsection c. of this section, or any
measures necessary to determine the scope of the breach and restore the reasonable integrity
of the data system. Disclosure of a breach of security to a customer shall not be required under
this section if the business or public entity establishes that misuse of the information is not
reasonably possible. Any determination shall be documented in writing and retained for five
years.
b. Any business or public entity that compiles or maintains computerized records that include
personal information on behalf of another business or public entity shall notify that business
or public entity, who shall notify its New Jersey customers, as provided in subsection a. of this
section, of any breach of security of the computerized records immediately following
discovery, if the personal information was, or is reasonably believed to have been, accessed by
an unauthorized person.
c. (1) Any business or public entity required under this section to disclose a breach of security
of a customer's personal information shall, in advance of the disclosure to the customer, report
the breach of security and any information pertaining to the breach to the Division of State
Police in the Department of Law and Public Safety for investigation or handling, which may
include dissemination or referral to other appropriate law enforcement entities.
(2) The notification required by this section shall be delayed if a law enforcement
agency determines that the notification will impede a criminal or civil investigation and
that agency has made a request that the notification be delayed. The notification required
by this section shall be made after the law enforcement agency determines that its
disclosure will not compromise the investigation and notifies that business or public entity.
d. For purposes of this section, notice may be provided by one of the following methods:
(1) Written notice;
(2) Electronic notice, if the notice provided is consistent with the provisions regarding
electronic records and signatures set forth in section 101 of the federal "Electronic
Signatures in Global and National Commerce Act" (15 U.S.C. s.7001); or
(3) Substitute notice, if the business or public entity demonstrates that the cost of
providing notice would exceed $250,000, or that the affected class of subject persons to be
notified exceeds 500,000, or the business or public entity does not have sufficient contact
information. Substitute notice shall consist of all of the following:
(a) E-mail notice when the business or public entity has an e-mail address;
(b) Conspicuous posting of the notice on the Internet web site page of the
business or public entity, if the business or public entity maintains one; and
(c) Notification to major Statewide media.
e. Notwithstanding subsection d. of this section, a business or public entity that maintains its
own notification procedures as part of an information security policy for the treatment of
personal information, and is otherwise consistent with the requirements of this section, shall
be deemed to be in compliance with the notification requirements of this section if the business
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or public entity notifies subject customers in accordance with its policies in the event of a
breach of security of the system.
f. In addition to any other disclosure or notification required under this section, in the event
that a business or public entity discovers circumstances requiring notification pursuant to this
section of more than 1,000 persons at one time, the business or public entity shall also notify,
without unreasonable delay, all consumer reporting agencies that compile or maintain files on
consumers on a nationwide basis, as defined by subsection (p) of section 603 of the federal
"Fair Credit Reporting Act" (15 U.S.C. s.1681a), of the timing, distribution and content of the
notices.
g. (1) Notwithstanding subsection d. of this section, in the case of a breach of security
involving a user name or password, in combination with any password or security question and
answer that would permit access to an online account, and no other personal information as
defined in section 10 of P.L.2005, c.226 (C.56:8-161), the business or public entity may
provide the notification in electronic or other form that directs the customer whose personal
information has been breached to promptly change any password and security question or
answer, as applicable, or to take other appropriate steps to protect the online account with the
business or public entity and all other online accounts for which the customer uses the same
user name or email address and password or security question or answer.
(2) Any business or public entity that furnishes an email account shall not provide
notification to the email account that is subject to a security breach. The business or public
entity shall provide notice by another method described in this section or by clear and
conspicuous notice delivered to the customer online when the customer is connected to the
online account from an Internet Protocol address or online location from which the business
or public entity knows the customer customarily accesses the account.
L.2005, c.226, s.12; amended 2019, c.95, s.2.
56:8-164 Prohibited actions relative to display of social security numbers
a. No person, including any public or private entity, shall:
(1) Publicly post or publicly display an individual's Social Security number, or any four
or more consecutive numbers taken from the individual's Social Security number;
(2) Print an individual's Social Security number on any materials that are mailed to the
individual, unless State or federal law requires the Social Security number to be on the
document to be mailed;
(3) Print an individual's Social Security number on any card required for the individual
to access products or services provided by the entity;
(4) Intentionally communicate or otherwise make available to the general public an
individual's Social Security number;
(5) Require an individual to transmit his Social Security number over the Internet,
unless the connection is secure or the Social Security number is encrypted; or
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(6) Require an individual to use his Social Security number to access an Internet web
site, unless a password or unique personal identification number or other authentication
device is also required to access the Internet web site.
b. Nothing in this section shall prevent a public or private entity from using a Social Security
number for internal verification and administrative purposes, so long as the use does not require
the release of the Social Security number to persons not designated by the entity to perform
associated functions allowed or authorized by law.
c. Nothing in this section shall prevent the collection, use or release of a Social Security
number, as required by State or federal law.
d. Notwithstanding this section, Social Security numbers may be included in applications and
forms sent by mail, including documents sent as part of an application or enrollment process,
or to establish, amend or terminate an account, contract or policy, or to confirm the accuracy
of the Social Security number. A Social Security number that is permitted to be mailed under
this subsection may not be printed, in whole or in part, on a postcard or other mailer not
requiring an envelope, or visible on the envelope or without the envelope having been open.
e. Nothing in this section shall apply to documents that are recorded or required to be open
to the public pursuant to Title 47 of the Revised Statutes. This section shall not apply to records
that are required by statute, case law, or New Jersey Court Rules, to be made available to the
public by entities provided for in Article VI of the New Jersey Constitution.
f. Nothing in this section shall apply to the interactive computer service provider's
transmissions or routing or intermediate temporary storage or caching of an image, information
or data that is otherwise subject to this section.
L.2005,c.226,s.13.
56:8-165 Regulations concerning security of personal information
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety,
in consultation with the Commissioner of Banking and Insurance, shall promulgate regulations
pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary
to effectuate sections 4 through 15 of this amendatory and supplementary act.
L.2005,c.226,s.14.
56:8-166 Unlawful practice, violation
It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to willfully,
knowingly or recklessly violate sections 10 through 13 of this amendatory and supplementary act.
L.2005,c.226,s.15.
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56:8-166.1 Person, business, association prohibited from publishing certain information on
the Internet
a. A person, business, or association shall not disclose on the Internet, or re-disclose or
otherwise make available, the home address or unpublished home telephone number of any
active, formerly active, or retired judicial officer, as defined by section 1 of P.L.1995, c.23
(C.47:1A-1.1), prosecutor, or law enforcement officer under circumstances in which a
reasonable person would believe that providing that information would expose another to
harassment or risk of harm to life or property.
b. A person, business, or association that violates subsection a. of this section shall be liable
to the aggrieved person or any other person residing at the home address of the aggrieved
person, who may bring a civil action in the Superior Court.
c. The court may award:
(1) actual damages, but not less than liquidated damages computed at the rate of $1,000
for each violation of this act;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney's fees and other litigation costs reasonably incurred; and
(4) any other preliminary and equitable relief as the court determines to be appropriate.
d. For the purposes of this section, "disclose" shall mean to solicit, sell, manufacture, give,
provide, lend, trade, mail, deliver, transfer, post, publish, distribute, circulate, disseminate,
present, exhibit, advertise or offer.
L.2019, c.226, s.3; amended 2020, c.125, s.6; 2021, c.24, s.5.
56:8-166.2 Request to remove certain information
a. (1) Any active, formerly active, or retired judicial officer, as defined by section 1 of
P.L.1995, c.23 (C.47:1A-1.1), or prosecutor, whose home address or unpublished telephone
number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person,
business, or association, or whose immediate family member's name, home address, or
unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made
available, by any person, business, or association, which in the case of a family member's name
or home address may be used, alone or in conjunction with any other information, to identify
the person as the family member of a judicial officer or prosecutor, may request that the person,
business, or association that disclosed, re-disclosed, or otherwise made available that
information refrain from that action and remove the information from the Internet or where
otherwise made available.
(2) Beginning 18 months after the enactment of P.L.2020, c.125 (C.56:8-166.2 et al.),
any law enforcement officer whose home address or unpublished home telephone number
is disclosed on the Internet, or re-disclosed or otherwise made available, by any person,
business, or association, or whose immediate family member's name, home address, or
unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise
made available, by any person, business, or association, which in the case of a family
Consumer Fraud Act LAW AND PUBLIC SAFETY
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member's name or home address may be used, alone or in conjunction with any other
information, to identify the person as the family member of a law enforcement officer, may
request that the person, business, or association that disclosed, re-disclosed, or otherwise
made available that information refrain from that action and remove the information from
the Internet or where otherwise made available.
For purposes of this section, "immediate family member" shall include a spouse, child, or
parent of an active, formerly active, or retired judicial officer, as defined by section 1 of P.L.1995,
c.23 (C.47:1A-1.1), prosecutor, or law enforcement officer, or any other family member related
by blood or by law to the judicial officer, prosecutor, or law enforcement officer who lives in the
same residence.
b. (1) A request to refrain and remove information pursuant to subsection a. of this section
shall be made in writing, addressed to the person, business, or association that disclosed, re-
disclosed, or otherwise made available the information, and may be made by the judicial
officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), prosecutor, or law
enforcement officer, as appropriate, or by the person's employer with the consent of that
person.
(2) Upon receipt of a written request to refrain and remove information, the person,
business, or association that disclosed, re-disclosed, or otherwise made available the
information shall have 72 hours to remove that information from the Internet or where
otherwise made available, and shall not disclose, re-disclose, or otherwise make available
that information to any other person, business, or association through any medium.
c. An active, formerly active, or retired judicial officer, prosecutor, or law enforcement
officer whose own information, or immediate family member's information, was not timely
removed from the Internet or where otherwise made available within 72 hours by a person,
business, or association following receipt of a written request to refrain and remove that
information, or the person, business, or association re-discloses on the Internet or otherwise
makes available the same information at any time subsequent to receipt of the written request,
may bring an action seeking injunctive or declaratory relief in the Superior Court. If the court
grants injunctive or declaratory relief, the person, business, or association responsible for the
violation shall be required to pay reasonable attorney's fees and other litigation costs
reasonably incurred by the judicial officer, prosecutor, or law enforcement officer, as
appropriate.
L.2020, c.125, s.7; amended 2021, c.24, s.6.
56:8-166.3 Construction of act
This act shall be liberally construed in order to accomplish its purpose and the public policy of
this State, which is to enhance the safety and security of certain public officials in the justice
system, including judicial officers, prosecutors, and law enforcement officers, who served or have
served the people of New Jersey, and the immediate family members of these individuals, to foster
the ability of these public servants who perform critical roles in the justice system to carry out their
official duties without fear of personal reprisal from affected individuals related to the performance
of their public functions.
L.2020, c.125, s.8.
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56:8-167 Sale, offer of vehicle protection product by unregistered warrantor, person deemed
unlawful practice
a. It shall be an unlawful practice for a person to sell, or offer for sale, a vehicle protection
product with a warranty issued by a warrantor that is not registered pursuant to P.L.2007, c.166
(C.17:18-19 et al.).
b. It shall be an unlawful practice for a person who is not registered pursuant to section 3 of
P.L.2007, c.166 (C.17:18-21) to offer or issue a vehicle protection product warranty.
L.2007, c.166, s.4.
56:8-168 Short title
This act shall be known and may be cited as the "Internet Dating Safety Act."
L.2007, c.272, s.1.
56:8-169 Findings, declarations relative to Internet dating safety
The Legislature finds and declares:
a. Residents of this State need to be informed of the potential risks of participating in Internet
dating services. There is a public safety need to disclose whether criminal history background
screenings have been performed and to increase public awareness of the possible risks
associated with Internet dating activities. The primary purpose of this act is to enhance the
safety of individuals who use Internet service to facilitate dating.
b. The offer of Internet dating services to residents of this State, and the acceptance of
membership fees from residents of this State means that an Internet dating service is
conducting business in this State and is subject to regulation by this State and the jurisdiction
of the State's courts.
L.2007, c.272, s.2.
56:8-170 Definitions relative to Internet dating safety
As used in this act:
a. "Criminal background screening" means a name search for a person's criminal convictions
initiated by an on-line dating service provider and conducted by one of the following means:
(1) By searching available and regularly updated government public record databases
for criminal convictions so long as such databases, in the aggregate, provide substantial
national coverage; or
(2) By searching a database maintained by a private vendor that is regularly updated
and is maintained in the United States with substantial national coverage of criminal history
records and sexual offender registries.
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b. "Director" means the Director of the Division of Consumer Affairs in the Department of
Law and Public Safety.
c. "Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
d. "Internet dating service" means a person or entity directly or indirectly in the business, for
profit, of offering, promoting or providing access to dating, relationship, compatibility,
matrimonial or social referral services principally on or through the Internet.
e. "Internet service provider" means any person, business or organization qualified to do
business in this State that provides individuals, corporations, or other entities with the ability
to connect to the Internet through equipment that is located in this State.
f. "Member" means a customer, client or participant who submits to an Internet dating service
information required to access the service for the purpose of engaging in dating, relationship,
compatibility, matrimonial or social referral.
g. "New Jersey member" means a member who provides a New Jersey billing address or zip
code when registering with the service.
h. "Criminal conviction" means a conviction for any crime including but not limited to any
sex offense that would qualify the offender for registration pursuant to section 2 of P.L.1994,
c.133 (C.2C:7-2) or under another jurisdiction's equivalent statute.
L.2007, c.272, s.3.
56:8-171 Requirements for Internet dating services
An Internet dating service offering services to New Jersey members shall:
a. Provide safety awareness notification that includes, at minimum, a list and description of
safety measures reasonably designed to increase awareness of safer dating practices as
determined by the service. Examples of such notifications include:
(1) "Anyone who is able to commit identity theft can also falsify a dating profile."
(2) "There is no substitute for acting with caution when communicating with any
stranger who wants to meet you."
(3) "Never include your last name, e-mail address, home address, phone number, place
of work, or any other identifying information in your Internet profile or initial e-mail
messages. Stop communicating with anyone who pressures you for personal or financial
information or attempts in any way to trick you into revealing it."
(4) "If you choose to have a face-to-face meeting with another member, always tell
someone in your family or a friend where you are going and when you will return. Never
agree to be picked up at your home. Always provide your own transportation to and from
your date and meet in a public place with many people around."
b. If an Internet dating service does not conduct criminal background screenings on its
members, the service shall disclose, clearly and conspicuously, to all New Jersey members that
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the Internet dating service does not conduct criminal background screenings. The disclosure
shall be provided in two or more of the following forms: when an electronic mail message is
sent or received by a New Jersey member, in a "click-through" or other similar presentation
requiring a member from this State to acknowledge that they have received the information
required by this act, on the profile describing a member to a New Jersey member, and on the
web-site pages or homepage of the Internet dating service used when a New Jersey member
signs up. A disclosure under this subsection shall be in bold, capital letters in at least 12-point
type.
c. If an Internet dating service conducts criminal background screenings on all of its
communicating members, then the service shall disclose, clearly and conspicuously, to all New
Jersey members that the Internet dating service conducts a criminal background screening on
each member prior to permitting a New Jersey member to communicate with another member.
The disclosure shall be provided on the website pages used when a New Jersey member signs
up. A disclosure under this subsection shall be in bold, capital letters in at least 12-point type.
d. If an Internet dating service conducts criminal background screenings, then the service
shall disclose whether it has a policy allowing a member who has been identified as having a
criminal conviction to have access to its service to communicate with any New Jersey member;
shall state that criminal background screenings are not foolproof; that they may give members
a false sense of security; that they are not a perfect safety solution; that criminals may
circumvent even the most sophisticated search technology; that not all criminal records are
public in all states and not all databases are up to date; that only publicly available convictions
are included in the screening; and that screenings do not cover other types of convictions or
arrests or any convictions from foreign countries.
L.2007, c.272, s.4.
56:8-172 Unlawful practices for Internet dating services
It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for an
Internet dating service to fail to provide notice or falsely indicate that it has performed criminal
background screenings in accordance with this act .
L.2007, c.272, s.5.
56:8-173 No violation to serve solely as intermediary
An Internet service provider does not violate this act solely as a result of serving as an
intermediary for the transmission of electronic messages between members of an Internet dating
service.
L.2007, c.272, s.6.
56:8-174 Rules, regulations
7. The director, in consultation with the Attorney General and pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to
effectuate the purposes of this act.
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L.2007, c.272, s.7.
56:8-175 Definitions relative to prepaid telephone calling cards and services
As used in this act:
"Advertisement" means the attempt, directly or indirectly by publication, dissemination,
solicitation, endorsement or circulation or in any other way, to induce directly or indirectly any
person to purchase any prepaid calling card or service, appearing in any newspaper, magazine,
periodical, circular, in-store or out-of-store sign or other written matter placed before the
consuming public, or in any radio broadcast, television broadcast, electronic medium or delivered
to or through any computer.
"Company" means any entity, corporation, company, association, firm, partnership or other
business entity, or individual engaged in the business of a prepaid calling service provider or
prepaid calling card distributor in this State.
"Director" means the Director of the Division of Consumer Affairs.
"Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
"Government fees" means and includes any and all fees, taxes and charges assessed pursuant
to State or federal law, regulation or other mandate or requirement, including universal service
fees and charges.
"Payphone surcharge" means the surcharge that a provider may charge a customer when that
customer places a call with a card from a payphone using a toll-free access number. The payphone
surcharge shall be deducted from a card's balance.
"Permitted fee" means the fees and surcharges that a provider may charge to, or deduct from,
a card's balance for the use of that card, in addition to the rate per minute to the particular
destination called, which includes and is limited to any payphone surcharge, any recharge
convenience fee, any directory assistance fee, and any government fees.
"Prepaid calling card" or "card" means any right of use purchased for a sum certain that
contains an access number and authorization code that enables a consumer to use a prepaid calling
service. Such rights of use may be embodied on a card or other physical object or may be
purchased by an electronic or telephonic means through which the purchaser obtains access
numbers and authorization codes that are not physically located on a card or other object. "Prepaid
calling card" shall not be construed to include cards or other rights of use that provide access to:
(1) telecommunications service if the card or other rights of use and
telecommunications service are provided:
(a) for free or at no additional charge as a promotional item accompanying a
product or service purchased by a customer; or
(b) pursuant to an awards, loyalty, rebate or promotional program without any
separate monetary consideration being given by the customer solely in exchange therefor;
or
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(2) a wireless telecommunications service account if the purchaser has a pre-existing
relationship with the wireless service provider or establishes a carrier-customer
relationship via the purchase of the object.
"Prepaid calling card distributor" or "distributor" means and includes: (1) any company that
purchases or receives prepaid calling cards from a prepaid calling service provider or distributor
and sells or distributes those cards to one or more distributors of prepaid calling cards or to one or
more prepaid calling card retailers; and (2) any company that otherwise actively engages in the
promotion, advertising or dissemination of prepaid calling cards and which is not a provider.
"Prepaid calling card distributor" shall not include any prepaid calling card retailers engaged
exclusively in point-of-sale transactions with customers.
"Prepaid calling card retailer" means any company that sells or offers to sell prepaid calling
cards directly to customers.
"Prepaid calling service" or "service" means any prepaid telecommunications service that
allows customers to originate calls through a local, long distance or toll-free access number and
authorization code, whether manually or electronically dialed. "Prepaid calling service" shall not
include any service that provides access to a wireless telecommunications service account wherein
the purchaser has a pre-existing relationship with the wireless service provider or establishes a
carrier-customer relationship via the purchase of the object.
"Prepaid calling service provider" or "provider" means any company, providing prepaid
calling service to the public using its own, or a resold telecommunications network, or voice over
Internet technology.
"Toll-free number" means an 800 number, or other telephone number widely understood to be
toll-free, which, when called as the destination number or as an access number, shall not result in
the calling party being assessed, by virtue of completing the call, any fee, charge or higher rate for
the call unless such fee, charge or higher rate is disclosed pursuant to subsection a. of section 2 of
this act.
L.2007, c.293, s.1.
56:8-176 Disclosure of certain information required
a. Prepaid calling service providers and prepaid calling card distributors shall disclose the
following information on cards or their packaging, as prescribed by the director by regulation,
and in any advertising for the service or cards, including any Internet web site used to promote
or distribute the service or cards:
(1) The name of the prepaid calling service provider;
(2) The provider's 24 hour customer service telephone number;
(3) The amount and frequency of any permitted fee that may be applicable to the use
of the card or service for calls originating within the United States;
(4) Notice that additional or different per minute rates, charges or fees may apply to
use of the card or the service for calls to or from international telephone numbers,
international cellular and international wireless telephone numbers;
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(5) Notice that per minute rates may be higher for calls made via toll-free numbers;
(6) The value of the card or service, in dollars or minutes;
(7) Any applicable policies relating to refund, recharge, decrement and expiration; and
(8) Such additional information as the director may prescribe by regulation, including,
but not limited to, information concerning the notice and disclosure of any rates, charges
or fees for the use of the card or the service for calls.
b. Prepaid calling service providers and prepaid calling card distributors shall make available
through the customer service number, a website or other electronic medium, packaging, if any,
or in a clear and conspicuous poster or other writing in plain language at the point of sale such
information as the director may prescribe by regulation.
c. All minutes or rates, or both, promoted or advertised on any prepaid calling card, any point
of sale material relating to that card or otherwise relating to any prepaid calling service, shall
be available and achievable by the customer, and there shall be no limitations on the period of
time for which the promoted or advertised minutes or rates, or both, will be available to the
customer unless those limitations are clearly and conspicuously disclosed in the same location
on the card, advertising or point of sale material where the minutes or rates, or both, are
promoted or advertised. All minutes promoted, advertised or disclosed on any voice prompt
given to a customer at the time the customer places a call with the card, whether or not required
by regulation to be given to the customer, shall be immediately available and achievable by
the customer on that call. The customer shall not be charged for any busy signal or unanswered
call.
d. A provider may not charge, apply or deduct from a card's balance any fees, taxes,
surcharges or other amounts for use of the card, except: (1) the rate per minute for the particular
destination called; (2) any permitted fees; and (3) any rate per minute, fee or charge permitted
pursuant to paragraph (4) or (5) of subsection a. of this section.
e. If a language other than English is predominantly used on a prepaid calling card, its
packaging, or in point of sale advertising or promotion for the prepaid calling card or prepaid
calling service, then the disclosures required by this section shall be disclosed in that language
on that card, packaging, advertisement or promotion.
f. In the case of a prepaid calling service provider, the company's 24 hour customer service
telephone number shall enable the customer to obtain, at no charge, any and all applicable
information regarding the rates, any permitted fees, charges and minutes available and
remaining on the card for use in a single, uninterrupted call to a single, requested destination
through the card and prepaid calling service. Customer service may be provided by a
combination of a live operator, interactive voice response, and electronic voice recording of
customer inquiries and complaints, but live operator service shall be available 24 hours a day,
seven days a week. If an electronic voice recorder is used, the provider shall attempt to contact
the customer no later than the next day following the date of the recording.
g. Providers and distributors shall conspicuously display the applicable access numbers for
the use of the card on the body of the card itself or on its packaging.
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h. A company shall not impose any fee or surcharge that is not disclosed as required by this
section or that exceeds the amount disclosed by the company.
L.2007, c.293, s.2.
56:8-177 Certain cards not to be offered for sale
Prepaid calling card retailers shall not sell or offer for sale any prepaid calling card that the
retailer knows provides fewer minutes than the number of minutes promoted or advertised for that
card, including the number of minutes listed on the card, any advertising or point of sale material
related to the card or any voice prompt indicating the number of minutes available for a call with
the card.
L.2007, c.293, s.3.
56:8-178 Violation deemed unlawful practice; remedies, penalties
A violation of any provision of this act shall be an unlawful practice pursuant to P.L.1960, c.39
(C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L.1960,
c.39 (C.56:8-1 et seq.).
L.2007, c.293, s.4.
56:8-179 Report to Governor, Legislature
Not later than 18 months after the date of adoption of regulations implementing this act, the
division shall issue a report to the Governor and the Legislature, pursuant to section 2 of P.L.1991,
c.164 (C.52:14-19.1), on the activities of the division, including their quantitative results, in
enforcing this act and any recommendations for additional legislation regulating the industry.
L.2007, c.293, s.5.
56:8-180 Rules, regulations
The Director of the Division of Consumer Affairs shall adopt, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to
effectuate the purposes of this act.
L.2007, c.293, s.6.
56:8-181 Effective date; applicability of act
This act shall take effect on the first day of the seventh month next following enactment, but
the director may take such anticipatory action in advance of that date as may be necessary for the
timely implementation of this act. This act shall not apply to prepaid calling cards and point-of-
sale materials related to those prepaid calling cards printed prior to the effective date. The act shall
apply to any prepaid calling card printed after the effective date and to any advertisement,
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promotion, point-of-sale material or voice prompt that is created, aired, printed, distributed, or
otherwise disseminated on or after the effective date.
L.2007, c.293, s.7.
56:8-185 Definitions relative to international labor matching, matchmaking organizations
As used in this act:
"Client" means a resident of this State for whom an international labor matching organization
seeks to locate labor assistance from non-citizens residing outside the country or for whom an
international matchmaking organization renders dating, matrimonial or social referral services
involving citizens of a foreign country.
"Criminal history record background check" means a determination of whether a person has
a criminal record by cross-referencing that person's name and fingerprints with those on file with
the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification
in the Division of State Police.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public
Safety.
"International labor matching organization" means a corporation, partnership, sole
proprietorship, or other entity that does business in the United States, whose primary purpose is to
offer to State residents, opportunities to locate labor assistance from foreign recruits residing
outside the country for the purpose of bringing the foreign recruit to the State.
"International matchmaking organization" means a corporation, partnership, sole
proprietorship, or other entity that does business in the United States and whose primary purpose
is offering, including to State residents, dating, matrimonial, or social referral services involving
citizens of a foreign country or countries who are not residing in the United States, such as (1) an
exchange of names, telephone numbers, addresses, or statistics; (2) a selection of photographs; or
(3) a social environment in a country other than the United States. The term shall not include an
on-line personal services organization.
"On-line personal services organization" means a corporation, partnership, sole
proprietorship, or other entity that does business in the United States and for profit provides an on-
line forum for persons to post personal profiles as a means of self-referral for dating, matrimonial,
or other social purpose.
"Recruit" means a noncitizen, nonresident person that is recruited by an international labor
matching organization for the purpose of bringing the laborer to the State or by an international
matchmaking organization for the purpose of providing dating, matrimonial or social referral
services.
L.2009, c.152, s.1.
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56:8-186 Criminal history record background checks condition for employment
a. The division shall initiate criminal history record background checks of present and
prospective owners and employees of an international labor matching organization or an
international matchmaking organization.
b. No person shall own or be employed by an international labor matching organization or an
international matchmaking organization unless the division certifies that the person has no
criminal history record of a conviction for an offense enumerated in subsection d. of this
section.
c. No international labor matching organization or international matchmaking organization
shall employ a person who has not been certified pursuant to subsection b. of this section.
d. A person subject to subsection b. of this section whose criminal history record background
check reveals a conviction for any of the following crimes and offenses shall be disqualified
from owning or being employed by an international labor matching organization or an
international matchmaking organization:
(1) If the conviction was in New Jersey for a crime:
(a) involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et
seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or
(b) against the family, children or incompetents, meaning those crimes and
disorderly persons offenses set forth in N.J.S.2C:24-1 et seq. or the "Prevention of
Domestic Violence Act," P.L.1991, c.261 (C.2C:25-17 et seq.); or
(c) involving theft as set forth in chapter 20 of Title 2C of the New Jersey
Statutes; or
(d) involving any controlled dangerous substance or analog as set forth in
chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of
N.J.S.2C:35-10; or
(e) involving terrorism as set forth in the "September 11th, 2001 Anti-
Terrorism Act," P.L.2002, c.26 (C.2C:38-1 et seq.); or
(f) involving prostitution and related offenses as set forth in N.J.S.2C:34-1.
(2) If the conviction was in any other state or jurisdiction for conduct constituting any
of the crimes described in paragraph (1) of this subsection.
L.2009, c.152, s.2.
56:8-187 Certification as qualified to own enterprise
a. Every owner or prospective owner of an international labor matching organization or an
international matchmaking organization shall apply to the director to be certified as qualified
to own the enterprise.
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b. Every owner of an international labor matching organization or an international
matchmaking organization shall apply to the director to have certified as qualified any person
who will be employed by the enterprise.
c. The owner of an international labor matching organization or an international matchmaking
organization shall apply to the director, within 90 days of the effective date of this act, for the
certifications of persons employed by the enterprise on the effective date. These persons shall
be permitted to continue their employment pending the completion of the certification process.
d. An application for certification shall be accompanied by the fee required to perform a
criminal history record background check.
e. The international labor matching organization or international matchmaking organization
shall retain a copy of the certification of persons subject to certification under this act. The
certifications shall be made available upon request to interested members of the public.
L.2009, c.152, s.3.
56:8-188 Authorization for receipt of criminal history record information
a. The director is authorized to receive criminal history record information from the State
Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation
consistent with applicable State and federal laws, rules and regulations. The applicant shall
bear the cost for the criminal history record background check, including all costs of
administering and processing the check.
b. The Division of State Police in the Department of Law and Public Safety, upon the request
of the director, shall conduct a criminal history record background check requested by the
director in accordance with the provisions of this act. The check shall be performed only upon
certification by the director that the person has submitted to the director the person's name,
address, fingerprints and written consent for a criminal history record background check to be
performed.
For the purpose of conducting the criminal history record background check, the State Police
shall examine its own files and arrange for a similar examination of federal criminal records. The
information obtained as a result of any such check shall be forwarded to the director.
L.2009, c.152, s.4.
56:8-189 Written consent for criminal history record background check
a. The division shall not initiate a criminal history record background check pursuant to this
act without the written consent of the person. The consent required under this section shall be
in a manner and form prescribed by the director and shall include, but not be limited to, the
signature, name, address and fingerprints of the person.
b. Upon receiving the results of a criminal history record background check, the director shall
promptly notify any person who has not been convicted of a disqualifying offense. Along with
that notice, the director shall forward a certification stating that the person has been subjected
to a criminal history record background check and that the check has not revealed any record
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that the person has been convicted of a disqualifying offense. The certificate shall be in a form
and contain any additional information as the director may prescribe by rule and regulation.
c. The director shall promptly notify a person whose criminal history record background
check reveals a disqualifying criminal conviction of the results of the background check. The
person shall have 30 days from the receipt of that notice to petition the director for a review
and cite reasons substantiating the review. If the person successfully challenges the accuracy
of the criminal history record information indicating a criminal conviction or the person
demonstrates affirmatively to the director clear and convincing evidence of rehabilitation, the
director may issue a certificate indicating that the person has successfully cleared a background
check.
In determining whether the rehabilitation of a person has been affirmatively demonstrated, the
director shall consider:
(1) The nature and seriousness of the offense;
(2) The circumstances under which the offense occurred;
(3) The date of the offense;
(4) The age of the person when the offense was committed;
(5) Whether the offense was repeated;
(6) Social conditions which may have contributed to the offense; and
(7) Any evidence of rehabilitation, including good conduct in the community;
counseling, psychological or psychiatric treatment; additional academic or vocational
training; or personal recommendations.
d. The director shall not certify a person subject to the provisions of this act who refuses to
consent to, or cooperate in, the securing of a criminal history record background check.
L.2009, c.152, s.5.
56:8-190 Information provided to recruits of international matchmaking organization
An international matchmaking organization conducting business in this State shall provide all
recruits with the telephone numbers for the Statewide Domestic Violence Hotline and the National
Domestic Violence Hotline and shall provide recruits with basic information concerning domestic
violence. This may include information on what is considered domestic violence, statistics
concerning domestic violence, legal rights of persons in abusive relationships and suggestions
about what to do in the event of domestic violence.
L.2009, c.152, s.6.
56:8-191 Public education program
The division shall develop and undertake a public education program designed to inform the
citizens of this State of the provisions of this act. A component of this program shall be the
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establishment and maintenance of a file of certifications granted by the director in accordance with
the provisions of this act. The certifications shall be made available to interested members of the
public upon request. The program also shall publicize those international labor matching
organizations and international matchmaking organizations which are in compliance with the
provisions of this act.
L.2009, c.152, s.7.
56:8-192 Registration, fee
The division may require an international labor matching organization or an international
matchmaking organization operating in this State to register with the division and to pay an annual
registration fee sufficient to defray the cost of administering this act.
L.2009, c.152, s.8.
56:8-193 Criminal history, provision required before information provided to recruit
a. Upon receipt of a request for information from a recruit, an international labor matching
organization or an international matchmaking organization shall refrain from providing any
further services to the recruit or the client with regard to facilitating future interaction between
the recruit and the client until the client has submitted to the organization the complete
transcript of any criminal history record obtained from the State Bureau of Identification in the
Division of State Police consistent with applicable State and Federal laws, rules and
regulations. The client shall bear the cost for the criminal history record background check,
including all costs of administering and processing the check.
b. The Division of State Police shall promptly notify the director if the person who was the
subject of a criminal history record background check pursuant to subsection a. of section 2 of
this act is convicted of a disqualifying crime or offense in this State after the date the
background check was performed.
L.2009, c.152, s.9.
56:8-194 Violations
It is a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate a provision of this act.
L.2009, c.152, s.10.
56:8-195 Rules, regulations
The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall promulgate and enforce rules and regulations to effectuate the
purposes of this act.
L.2009, c.152, s.11.
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56:8-196 Definitions relative to the security of certain personal information
As used in this act:
"Computer" means an electronic, magnetic, optical, electrochemical or other high speed data
processing device or another similar device capable of executing a computer program, including
arithmetic, logic, memory, data storage or input-output operations and includes any computer
equipment connected to such a device, computer system, or computer network.
"Computer equipment" means any equipment or device, including all input, output,
processing, storage, software, or communications facilities, intended to interface with a computer.
"Computer network" means the interconnection of communication lines, including microwave
or other means of electronic communication, with a computer through remote terminals, or a
complex consisting of two or more interconnected computers.
"Computer program" means a series of instructions or statements executable on a computer,
which directs the computer system in a manner to produce a desired result.
"Computer software" means a set of computer programs, data, procedures, and associated
documentation concerning the operation of a computer system.
"Computer system" means a set of interconnected computer equipment intended to operate as
a cohesive system.
"Computerized record" means any record, recorded or preserved on any computer, computer
equipment, computer network, computer program, computer software, or computer system.
"End user computer system" means any computer system that is designed to allow end users
to access computerized information, computer software, computer programs, or computer
networks. End user computer system includes, but is not limited to, desktop computers, laptop
computers, tablets or other mobile devices, or removable media.
"Health benefits plan" means a benefits plan which pays or provides hospital and medical
expense benefits for covered services, and is delivered or issued for delivery in this State by or
through a carrier. Health benefits plan includes, but is not limited to, Medicare supplement
coverage and risk contracts to the extent not otherwise prohibited by federal law. For the purposes
of this act, health benefits plan shall not include the following plans, policies, or contracts:
accident only, credit, disability, long-term care, TRICARE supplement coverage, coverage arising
out of a workers' compensation or similar law, automobile medical payment insurance, personal
injury protection insurance issued pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.), or hospital
confinement indemnity coverage.
"Health insurance carrier" means an insurance company, health service corporation, hospital
service corporation, medical service corporation, or health maintenance organization authorized
to issue health benefits plans in this State.
"Identifiable health information" means individually identifiable health information as defined
in 45 C.F.R. s.160.103.
"Personal information" means an individual's first name or first initial and last name linked
with any one or more of the following data elements: (1) Social Security number; (2) driver's
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license number or State identification card number; (3) address; or (4) identifiable health
information. Dissociated data that, if linked, would constitute personal information is personal
information if the means to link the dissociated data were accessed in connection with access to
the dissociated data.
"Public network" means a network to which anyone, including the general public, has access
and through which a person can connect to other networks or the Internet.
"Record" means any material, regardless of the physical form, on which information is
recorded or preserved by any means, including written or spoken words, graphically depicted,
printed, or electromagnetically transmitted. Record does not include publicly available directories
containing information an individual has voluntarily consented to have publicly disseminated or
listed.
L.2014, c.88, s.1.
56:8-197 Restrictions for health insurance carrier relative to certain computerized records
a. A health insurance carrier shall not compile or maintain computerized records that include
personal information, unless that information is secured by encryption or by any other method
or technology rendering the information unreadable, undecipherable, or otherwise unusable by
an unauthorized person. Compliance with this section shall require more than the use of a
password protection computer program, if that program only prevents general unauthorized
access to the personal information, but does not render the information itself unreadable,
undecipherable, or otherwise unusable by an unauthorized person operating, altering, deleting,
or bypassing the password protection computer program.
b. This section shall only apply to end user computer systems and computerized records
transmitted across public networks.
L.2014, c.88, s.2.
56:8-198 Violation, unlawful practice
It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate
the provisions of this act.
L.2014, c.88, s.3.
56:8-199 Violations, unlawful practice
A violation of the provisions of subsection b. or c. of section 1 of P.L.2015, c.121 (C.2C:21-
7.5) shall be an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.). Each
manufacture, importation, installation, reinstallation, sale, or offer for sale shall constitute a
separate and distinct violation.
L.2015, c.121, s.2.
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56:8-200 Escrow agent evaluation services, charging certain fees prohibited
a. It shall be an unlawful practice for any person or entity to prepare a report for use by a
mortgage lender in evaluating the capacity of an escrow agent to perform real estate settlement
services, in exchange for a fee charged to that escrow agent.
b. As used in this section, "escrow agent" means an independent person, including an
independent bonded escrow company, an independent financial institution whose accounts are
insured by a governmental agency or instrumentality, an independent licensed title insurance
agent, or an attorney licensed to practice law in this State, who is responsible for the receipt of
any written instrument, money, evidence of title to real or personal property, or other thing of
value to be held until the happening of a specified event or the performance of a prescribed
condition, when it is then to be delivered in connection with the transfer of real estate.
L.2015, c.196, s.1.
56:8-201 Definitions relative to coin redemption machine fees
As used in this act:
"Coin redemption machine" means a device that accepts, sorts, and counts coins deposited by
a consumer and provides the consumer with a cash refund or refundable voucher.
"Operator" means any person, partnership, corporation or other organization that operates a
coin redemption machine.
L.2015, c.267, s.1.
56:8-202 Notice of fee required
No operator shall charge a fee to a consumer for the consumer's use of a coin redemption
machine unless a notice is prominently displayed on the coin redemption machine disclosing to
the consumer:
a. If a fee will be imposed for providing the coin redemption service; and
b. The amount of any fee.
L.2015, c.267, s.2.
56:8-203 Violations; penalties, unlawful practice
An operator in violation of section 2 of this act shall be subject to a civil penalty of up to $1,000
for a first offense, to be collected in a civil action by a summary proceeding under the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have
jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A second violation of section 2 of this act is an unlawful practice under P.L.1960, c.39 (C.56:8-
1 et seq.), and for the purposes of this section shall be considered a first offense under P.L.1960,
c.39 (C.56:8-1 et seq.).
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A third or subsequent violation of section 2 of this act is an unlawful practice under P.L.1960,
c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a subsequent offense
under P.L.1960, c.39 (C.56:8-1 et seq.).
An action to recover a penalty under this act may not be maintained as a class action.
L.2015, c.267, s.3.
56:8-204 Rules, regulations
The Director of the Division of Consumer Affairs shall adopt, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to
effectuate the purposes of this act.
L.2015, c.267, s.4.
56:8-205 Definitions relative to motor vehicle payment assurance devices
As used in this act:
"Consumer" means a purchaser or lessee of a motor vehicle normally used for personal, family,
or household purposes.
"Creditor" means a dealer or lender, or any assignee of a dealer or lender.
"Dealer" means a person who is licensed as a motor vehicle dealer or leasing dealer under
R.S.39:10-19 and actively engaged in the business of buying, selling, exchanging, or leasing new
or used motor vehicles at retail and who has an established place of business.
"Financing agreement" means an agreement, through a bargained communication or written
contract, of an extension of a loan or other line of credit by a lender to a borrower toward the
purchase of a motor vehicle.
"Lease agreement" has the same meaning as defined in section 2 of P.L.1988, c.123 (C.56:12-
30).
"Lender" means an agent, officer, director, and employee of a lender, or any person who
solicits, arranges for, or otherwise participates or assists in the making of loans, or in any way acts
as an intermediary between a borrower and a lender in effecting loans related to the sale or lease
of a motor vehicle.
"Lessee" has the same meaning as defined in section 2 of P.L.1988, c.123 (C.56:12-30).
"Motor vehicle" has the same meaning as defined in R.S.39:1-1.
"Payment assurance device" means a device installed on a motor vehicle with global
positioning system capability, starter interrupt capability allowing for the remote enabling or
disabling of the motor vehicle, or both, and which is installed pursuant to a motor vehicle
consumer's financing agreement or lease agreement.
L.2017, c.37, s.1.
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56:8-206 Installation of payment assurance device on motor vehicle
a. No person other than a creditor may install or have installed a payment assurance device on
a motor vehicle.
b. A creditor may install or have installed a payment assurance device on a motor vehicle
only if:
(1) Prior to or at the time the motor vehicle is purchased or leased, the creditor provides,
and the consumer acknowledges in writing the receipt of, written notification of the
installation of the payment assurance device, which shall include, but is not limited to, a
statement in at least 10-point boldface type indicating that the motor vehicle is equipped
with a device that the creditor can use to remotely disable the vehicle, advising the
consumer of the grace period and warning provided for in paragraphs (3) and (4) of this
subsection, and identifying the name, address, and a telephone number of the creditor;
(2) The consumer is not billed or charged a fee for the installation of the device;
(3) The creditor or an agent thereof does not remotely disable the motor vehicle until
the consumer is in default on any term under the financing agreement or lease agreement,
including but not limited to the periodic payment due on the purchase or lease, for five or
more calendar days on a financing agreement or lease agreement whose terms call for at
least one weekly payment or for 10 or more calendar days on any other financing agreement
or lease agreement;
(4) The consumer is provided a warning no less than 72 hours before the motor vehicle
is disabled remotely, and the warning is transmitted by the creditor through at least two
modes of communication, such as by email, mail, telephone, text message, or through the
payment assurance device or motor vehicle, provided that the warning method shall not
violate any applicable State or federal law;
(5) The payment assurance device cannot remotely disable the motor vehicle while it
is being operated; and
(6) The consumer in default is provided with the ability to start a remotely disabled
motor vehicle and use it for a period of at least 48 hours.
c. A violation of the provisions of subsection a. of this section by a creditor is an unlawful
practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).
L.2017, c.37, s.2.
56:8-207 Certain baby monitors required to include security features
a. A baby monitor that broadcasts audio or video through an Internet connection and is
manufactured, sold, offered for sale, or distributed in this State shall:
(1) provide end-to-end encryption;
(2) provide Certificate-based Authentication for manufacturer access when obtaining
updates, registering, or relaying audio or video between Internet servers;
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(3) prohibit unauthenticated access, including prohibiting implied third-party trusted
access;
(4) prevent a consumer from disabling security measures; and
(5) include conspicuous and easily understandable instructions supplied by the
manufacturer notifying consumers about the proper use of the baby monitor and its security
enhancement.
b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to
manufacture, sell, offer for sale, or distribute any baby monitor that does not meet the
requirements of subsection a. of this section.
c. The Director of the Division of Consumer Affairs in the Department of Law and Public
Safety, in consultation with the Commissioner of Children and Families, shall adopt, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and
regulations necessary to effectuate the purposes of this act.
d. For the purposes of this section, "baby monitor" means a device that is marketed
exclusively for the purpose of broadcasting audio or video of an infant or child. The term shall
not include a multi-functional device such as a smart phone, digital video camera, security
camera, or other similar device.
L.2017, c.81, s.1.
56:8-208 Definitions relative to deed procurement services
As used in this act:
"Deed" means a written instrument entitled to be recorded in the office of a county recording
officer which purports to convey or transfer title to a freehold interest in any lands, tenements, or
other realty in this State by way of grant or bargain and sale thereof from the named grantor to the
named grantee. A leasehold interest for 99 years or more or a proprietary lease of a cooperative
unit and any assignment of a proprietary lease of a cooperative unit, shall be treated as a "freehold"
for the purpose of this act. Instruments providing for common driveways; for exchanges of
easements or rights-of-way; for revocable licenses to use, to adjust, or to clear defects of or clouds
on title; to provide for utility service lines such as drainage, sewerage, water, electric, telephone,
or other such service lines; or to quitclaim possible outstanding interests, shall not be "deeds" for
the purposes of this act.
"Deed procurement services" means the provision by a non-governmental entity of one or more
copies of deeds for lands, tenements, or other realty in this State to a property owner, for a fee in
excess of the amount authorized under Title 22A of the New Jersey Statutes that the county clerk's
office assesses for providing copies of deeds, and not in relation to the transfer or sale of, or the
mortgage origination, mortgage servicing, mortgage refinancing, property tax servicing, or other
action initiated by or on behalf of the owner with respect to, such lands, tenements, or realty.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.
L.2017, c.251, s.1.
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56:8-209 Unlawful practice, violation
a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any
person to:
(1) use a written form of communication to solicit clients for deed procurement
services unless the written form of communication displays, in a clear, conspicuous, and
prominent manner and makes the information stand out from the rest of the text of the
communication, the address and telephone number of the appropriate county clerk's office
through which the recipient could obtain a copy of the deed directly, the amount of the fee
provided for in Title 22A of the New Jersey Statutes that the county clerk's office assesses
for providing copies of deeds, and any other language that the director may prescribe by
regulation; or
(2) create a false impression in a solicitation for deed procurement services that the
recipient is in any way legally required to use the person's services in order to obtain a copy
of a deed.
b. Any person who uses a written form of communication to solicit clients for deed
procurement services shall, at least 15 days prior to distribution, provide a copy of such written
form of communication to the county clerk's office in each of the counties in which the written
form of communication will be distributed.
L.2017, c.251, s.2.
56:8-210 Rules, regulations
The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of
this act.
L.2017, c.251, s.3.
56:8-211 Leasing of dogs and cats prohibited; violations, penalties; exceptions
a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a pet
dealer, as defined in section 2 of P.L.1999, c.336 (C.56:8-93), to enter into a:
(1) contract for a cat or dog in which the transfer of ownership of the animal is
contingent on the making of payments over a period of time subsequent to the transfer of
possession of the animal, unless these payments are on an unsecured loan for the purchase
of the animal; or
(2) lease agreement that provides for or offers the option of transferring ownership of
a cat or dog at the end of the lease term.
b. Notwithstanding the provisions of section 1 of P.L.1966, c.39 (C.56:8-13) to the contrary,
a pet dealer who violates this section shall be liable for the following penalties:
(1) for a first offense, a penalty of not more than $10,000; and
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(2) for a second or subsequent offense, a penalty of not more than $30,000.
c. In addition to any other remedies provided by P.L.1960, c.39 (C.56:8-1 et seq.) or any other
applicable law, a consumer taking possession of a cat or dog pursuant to a contract or lease as
described in subsection a. of this section shall be deemed the owner of the cat or dog, shall
have a civil cause of action in any court of competent jurisdiction, and shall be entitled to
recover all moneys paid by the consumer, litigation costs, and reasonable attorney's fees.
d. The provisions of this section shall not apply to, and shall not prohibit the temporary
leasing or rental of the following animals, provided the animals are used in accordance with
applicable federal, State and local animal protection laws:
(1) A purebred cat or dog which is leased for the express purpose of breeding pursuant
to a written lease recorded with a national purebred dog or cat registry, and which lease is
for a specific time and has an established end-date; or
(2) An animal trained or utilized to perform tasks, including, but not limited to, guide
dogs, security dogs, law enforcement dogs, and other assistance animals.
L.2019, c.234, s.1.
56:8-212 Definitions relative to annual report filing services
As used in this act:
"Annual report" means a report filed every year to the Department of the Treasury by a for-
profit corporation, a non-profit corporation, limited partnership, limited liability partnership, or
limited liability company pursuant to N.J.S.14A:4-5; N.J.S.15A:4-5; section 66 of P.L.1983, c.489
(C.42:2A-69); section 49 of P.L.2000, c.161 (C.42:1A-49); or section 26 of P.L.2012, c.50
(C.42:2C-26).
"Annual report filing services" means the filing of an annual report by a non-governmental
entity on behalf of a for-profit corporation, a non-profit corporation, limited partnership, limited
liability partnership, or limited liability company for a fee in excess of the amount authorized under
the relevant statute.
"Director" means the Director of the Division of Revenue and Enterprise Services in the
Department of the Treasury.
L.2019, c.488, s.1.
56:8-213 Unlawful practice, violation
a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any
person to:
(1) use a written form of communication to solicit clients for annual report filing
services unless the written form of communication displays, in a clear, conspicuous, and
prominent manner and makes the information stand out from the rest of the text of the
communication, the URL address of the Department of the Treasury's Internet web site
through which the recipient could file an annual report directly, the amount of the fee that
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the Department of the Treasury's office assesses for filing annual reports, and any other
language that the director may prescribe by regulation; or
(2) create a false impression in a solicitation for annual report filing services that the
recipient is in any way legally required to use the person's services in order to file an annual
report.
b. Any person who uses a written form of communication to solicit clients for annual report
filing services shall, at least 15 days prior to distribution, provide a copy of such written form
of communication to the Department of the Treasury.
L.2019, c.488, s.2.
56:8-214 Rules, regulations
The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of
this act.
L.2019, c.488, s.3.
56:8-215 Definitions relative to online education services and student educational records
As used in P.L.2019, c.494 (C.56:8-215 et seq.):
"Covered information" means personally identifiable information or material, or information
that is linked to personally identifiable information or material, in any media or format that is not
publicly available and is:
created by or provided to an operator by a student, or the student's parent or guardian, in the
course of the student's, parent's, or guardian's use of the operator's site, service, or application for
K-12 school purposes;
created by or provided to an operator by an employee or agent of a K-12 school or school
district for K-12 school purposes; or
gathered by an operator through the operation of its site, service, or application for K-12 school
purposes and personally identifies a student, including, but not limited to, information in the
student's education record or electronic mail, first and last name, home address, telephone number,
electronic mail address, or other information that allows physical or online contact with the
student, discipline records, test results, special education data, juvenile dependency records,
grades, evaluations, criminal records, medical records, health records, social security number,
biometric information, disabilities, socioeconomic information, persistent unique identifiers, food
purchases, political affiliations, religious information, text messages, documents, student
identifiers, search activity, photographs, voice recordings, or geolocation data.
"De-identified data" means information that is not or can no longer be linked or reasonably
linkable to a person or the person's computer, telecommunications device, or wireless
telecommunications device, but which may still contain unique records or attributes. "De-
identified data" shall not mean covered information.
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"Interactive computer service" shall have the same meaning as provided in 47 U.S.C. s.230.
"K-12 school" means a public school that offers any of grades kindergarten to 12 and that is
operated by any school district in this State.
"K-12 school purposes" means purposes that are directed by or that customarily take place at
the direction of a school district, K-12 school, teacher, or school district or aid in the administration
of school activities, including, but not limited to, instruction in the classroom or at home,
administrative activities, and collaboration between students, school personnel, or parents or
guardians, or are otherwise for the use of a benefit of the school district or K-12 school.
"Online education service" or "service" means an Internet website, online service, online
computer application, or mobile application that is used primarily for K-12 school purposes and is
designed and marketed for K-12 school purposes.
"Operator" means the operator of an online education service with actual knowledge that the
online education service is used primarily for K-12 school purposes and is designed and marketed
for K-12 school purposes.
"Persistent unique identifier" means a digital label given to an object, such as a digital file, or
entity, such as a person, which is used on the online education service.
"Personally identifiable information" means information that is linked or reasonably linkable
to an identified or identifiable person. "Personally identifiable information" shall not include de-
identified data or publicly available information.
"Publicly available information" means information that is lawfully made available from
federal, State, or local government records.
"Recommendation engine" means software that uses an algorithm to predict and recommend
what information, product, or item a student may prefer.
"School district" means any school district established pursuant to Title 18A of the New Jersey
Statutes.
"Student" means a minor user of an online education service.
"Targeted advertising" means the presenting of advertisements to a student where the
advertisement is selected based on information obtained or inferred over time from that student's
online behavior, use of Internet websites, online services, online computer applications, or mobile
applications, or covered information. "Targeted advertising" shall not include advertising to a
student at an online location based upon that student's current visit to that location, or in response
to that student's request for information or feedback, without the retention of the student's online
activities or requests over time for the purpose of targeting subsequent advertisements.
L.2017, c.494, s.1.
56:8-216 Actions prohibited for online education service
a. An operator of an online education service shall not knowingly:
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(1) use information, including covered information, created or gathered by the
operator's online education service, to amass a profile about a student for any purpose other
than K-12 school purposes. A profile shall not include the collection and retention of
account information that remains under the control of the student, the student's parents or
guardian, or K-12 school;
(2) sell or rent a student's information, including covered information. This paragraph
shall not apply to the purchase, merger, or other type of acquisition of an operator by
another entity if the operator or successor entity complies with this section concerning
previously acquired student information, including covered information, or to national
assessment providers if the provider secures express written consent of the student or the
student's parent or guardian, given in response to clear and conspicuous notice, solely to
provide access to employment, educational scholarships, financial aid, or postsecondary
educational opportunities;
(3) disclose covered information unless the disclosure is:
(a) made in furtherance of the K-12 school purposes purpose of the service,
provided the recipient of the covered information shall not further disclose the information
unless done to allow or improve the operability and functionality of the operator's online
education service;
(b) required by federal or State law to protect against liability;
(c) made to respond to or participate in a judicial process;
(d) to protect the safety of students or security of the service;
(e) for educational or employment purposes requested by the student's parent
or guardian, provided that the covered information is not used or further disclosed for any
other purpose not requested by the student's parent or guardian;
(f) to a third party if the operator contractually prohibits the third party from
using any covered information for any purpose other than providing the contracted service
to or on behalf of the operator, prohibits the third party from disclosing any covered
information provided by the operator with subsequent third parties, and requires the third
party to implement and maintain reasonable security procedures and practices; or
(g) for legitimate research purposes, subject to the requirements of paragraphs
(1) through (3) of this subsection:
(i) as required by federal or State law and subject to the restrictions of the application
of federal or State law;
(ii) as allowed by federal or State law and under the direction of a K-12school, school
district, or the Department of Education, if no covered information is used for any purpose
in furtherance of advertising or to amass a profile on the student for any purpose that is not
in furtherance of a K-12 school purpose; or
(iii)for use by a federal, State, or local educational agency, including K-12 schools and
school districts, for K-12 school purposes, as permitted by federal or State law; and
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(4) engage in targeted advertising on the operator's service, or target advertising on any
other Internet website, online service, online computer application, or mobile application
if the targeted advertising is based on any information, including covered information, that
the operator's service has acquired because of the use of the operator's service for K-12
school purposes.
b. Nothing in this section shall be construed to prohibit the operator's use of covered
information for maintaining, developing, supporting, diagnosing, or improving the operator's
online education service.
L.2017, c.494, s.2.
56:8-217 Responsibilities of online education service
An operator of an online education service shall:
a. implement and maintain reasonable security procedures and practices appropriate to the
nature of the covered information;
b. protect that information from unauthorized access, destruction, use, modification, or
disclosure; and
c. delete covered information at the request of a K-12 school or a school district overseeing
the student's education through the service or a student who has subsequently reached the age
of majority, unless a student after having reached the age of majority or parent or guardian
requests that the operator maintain the covered information.
L.2017, c.494, s.3.
56:8-218 Construction of act
Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to prohibit an operator of
an online education service from using de-identified data to:
a. improve the educational products within the service owned by the operator;
b. demonstrate the effectiveness of the operator's products or services, including their
marketing;
c. develop or improve websites, online services, or online or mobile applications for K-12
school purposes;
d. use a recommendation engine to recommend to a student additional content or services
concerning an educational or employment opportunity purpose on an Internet website, online
service, online computer application, or mobile application if the recommendation is not
determined in whole or in part by payment or other consideration from a third party; or
e. respond to a student's request for information or for feedback if the information or response
is not determined, in whole or in part, by payment or other consideration from a third party.
L.2017, c.494, s.4.
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56:8-219 Construction of act
Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to:
a. limit the authority of a law enforcement agency to obtain any content or information from
an operator as authorized by law or under a court order;
b. limit the ability of an operator to use student data, including covered information, for
adaptive learning or customized student learning purposes;
c. apply to general audience Internet websites, general audience online services, general
audience online applications, or general audience mobile applications, even if login credentials
created for an operator's website, service, or application may be used to access those general
audience websites, services, or applications;
d. limit service providers from providing Internet connectivity to schools or students and their
families;
e. prohibit an operator from marketing educational products directly to parents or guardians
if the marketing did not result from the use of covered information obtained by the operator
through the provision of services pursuant to P.L.2019, c.494 (C.56:8-215 et seq.);
f. impose a duty upon a provider of an electronic store, gateway, marketplace, or other means
of purchasing or downloading software or applications to review or enforce compliance with
P.L.2019, c.494 (C.56:8-215 et seq.) on the software of applications;
g. impose a duty upon a provider of an interactive computer service to review or enforce
compliance with P.L.2019, c.494 (C.56:8-215 et seq.) by a third-party content provider; or
h. prohibit students from downloading, exporting, transferring, saving, or maintaining their
own student data or documents.
L.2017, c.494, s.5.
56:8-220 Unlawful practice
It shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) for an operator
of an online education service to violate the provisions of P.L.2019, c.494 (C.56:8-215 et seq.), or
any rule or regulation adopted pursuant thereto.
L.2017, c.494, s.6.
56:8-221 Rules, regulations
The Director of the Division of Consumer Affairs in the Department of Law and Public Safety,
in consultation with the Commissioner of Education, shall adopt, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate
the purposes of P.L.2019, c.494 (C.56:8-215 et seq.).
L.2017, c.494, s.7.
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56:8-222 Findings, declarations relative to return of certain items purchased during a state
of emergency
a. The Legislature finds and declares that in response to the state of emergency and the public
health emergency resulting from the COVID-19 pandemic, consumers have purchased large
quantities of products in order to prepare for a possible quarantine or isolation period. The
Centers for Disease Control and Prevention (CDC) had advised that COVID-19 may be spread
from person-to-person from contaminated surfaces. The CDC further advised that COVID-19
could remain viable on contaminated surfaces for anywhere from hours to days. Following a
quarantine or period of isolation, consumers attempted to return unused items purchased in
bulk. The legislature found that in order to inhibit the further spread of COVID-19 and protect
the public health, it was necessary to limit the return of groceries and other foodstuffs
purchased during a state of emergency declared in response to COVID-19.
b. Pursuant to the end of the public health emergency, but the continuation of the state of
emergency declared in response to COVID-19, the Legislature seeks to rescind the current
restrictions on the return of certain items and clarify that, in the future, the prohibition on the
return of certain products shall be limited to a declared public health emergency.
L.2020, c.16, s.1; amended 2021, c.150, s.1.
56:8-223 Definitions relative to the return of items purchased during a state of emergency
As used in this act:
"Groceries and other foodstuffs" means dairy products, meat and delicatessen products,
produce products, seafood products, carbonated beverages, coffee and other beverages, snack
foods, candy products, baked products, paper products, household cleaning items, health and
beauty products, frozen foods, pet foods and supplies, and any other edible product not previously
listed.
"Retail food store" means any retail establishment where groceries and other foodstuffs are
regularly and customarily sold in a bona fide manner for off-premises consumption.
L.2020, c.16, s.2.
56:8-224 Unlawful practice, violation
It shall be an unlawful practice, and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any
retail food store to accept the return of any groceries and other foodstuffs purchased by a consumer
during, and for 30 days following, a declared public health emergency. A retail food store may
accept the return of groceries and other foodstuffs if it determines, in its sole discretion, that the
groceries and other foodstuffs are unsafe for use or otherwise adulterated within the meaning of
R.S.24:5-8 as a result of any manufacturing error or defect. Any groceries or other foodstuffs
accepted for return by a retail food store pursuant to the provisions of this section shall not be
offered for resale.
L.2020, c.16, s.3; amended 2021, c.150, s.2.
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56:8-225 Findings, declarations relative to third-party food takeout, delivery applications
relative to restaurants
The Legislature finds and declares that due to the current state of emergency declared in
response to the COVID-19 pandemic, restaurants have been prohibited from offering dine-in
service and limited to delivery and takeout offerings only, which has placed a sudden and severe
financial strain on many restaurants. This emergency has also resulted in an increased use of third-
party food takeout and delivery service applications to place orders with restaurants for food
takeout or delivery. While some companies have provided meaningful support to the restaurant
community, other companies offering third-party food takeout and delivery services may charge
restaurants a service fee exceeding 30 percent of the individual order price, thereby compounding
the current financial strain on restaurants. Restaurants that are also small businesses, in particular,
may have limited bargaining power to negotiate lower fees. The Legislature finds that it is in the
public interest to take action to maximize restaurant revenue from takeout and delivery orders to
enable restaurants to survive this crisis and remain sources of employment and community vitality
in this State.
L.2020, c.42, s.1.
56:8-226 Limit on service fee
a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any
third-party food takeout and delivery service application or Internet website, during and until
the first day of the third month following any state of emergency declared by the Governor in
response to COVID-19 that restricts restaurant dine-in service to less than 25 percent of the
maximum capacity allowed by law, to charge a service fee to a restaurant for food take-out or
delivery orders that is:
(1) greater than 20 percent of the cost of the individual order; or
(2) greater than 10 percent of the cost of the individual order, when the order is
delivered by an employee of the restaurant or an independent contractor with whom the
restaurant has contracted directly.
The provisions of this section shall not be construed to limit the ability of any restaurant to
choose to pay up to 25 percent of the cost of the individual order to access additional advertising
or other products and services offered by any third-party food takeout and delivery service
application or Internet website. However, any restaurant that chooses to pay a service fee that is
greater than the fee set forth in the provisions of this section shall be required to affirmatively elect
to pay that fee regardless of any contract that is in effect on the effective date of this act unless the
contract was entered into prior to the state of emergency declared by the Governor pursuant to
Executive Order No. 103 of 2020.
b. The provisions of this section shall supersede and preempt any county or municipal law,
ordinance, resolution, or regulation concerning the relationship between third-party food
takeout and delivery service applications or Internet websites and any restaurant utilizing its
services.
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c. As used in this section, "third-party food takeout and delivery service application or
Internet website" means any online food ordering and delivery service that allows a consumer
to place an order for takeout or delivery from a restaurant.
L.2020, c.42, s.2.
56:8-227 Solicitation by nongovernmental entity, unlawful practice, violation
a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any
person to send a mailing which constitutes a solicitation by a nongovernmental entity for the
purchase of or payment for a product or service which could reasonably be interpreted as
falsely implying any State government connection, approval, or endorsement through the use
of a seal; insignia; citation to a State statute; name of a State agency, department, commission,
or program; trade or brand name; or any other term or symbol.
b. For purposes of this section, "person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint venture, public
corporation, or any other legal or commercial entity.
The provisions of this section shall not be construed to prevent a cause of action brought for
violation of P.L.1960, c.39 (C.56:8-1 et seq.).
L. 2021, c.325.
