New Jersey Revised Statutes Title 56 - Trade Names, Trade-marks And Unfair Trade Practices
- Section 56:1-1 - Filing Names Of Members Of Firm Or Partnerships; Requirements; Appointment By Nonresidents Of County Clerk As Attorney For Service Of Process
Any person conducting or transacting business and using the designation "and company," or "& Co.," as a part of a firm or partnership name,...
- Section 56:1-2 - Certificates Of True Names When Assumed Names Used; Contents; Filing; Appointment By Nonresidents Of County Clerk As Attorney For Service Of Process
No person shall conduct or transact business under any assumed name, or under any designation, name or style, corporate or otherwise, other than the...
- Section 56:1-2.1 - Service Of Process On County Clerk
Whenever any person or persons shall have constituted the county clerk of any county his or their attorney for service of any process by...
- Section 56:1-2.2 - County Clerk's Duties When Served As Attorney
When any such original process is served upon any county clerk as herein provided, he shall forthwith notify the person or persons upon whom...
- Section 56:1-3 - Index Of Certificates; Filing Fees; Copies As Evidence
The several county clerks and the Secretary of State shall each keep alphabetical indexes of all persons filing the statements or certificates provided for...
- Section 56:1-4 - Violations Of Sections 56:1-1 Or 56:1-2; Misdemeanor
Any person conducting or transacting business contrary to the provisions of either section 56:1-1 or 56:1-2 of this title shall be guilty of a
- Section 56:1-5 - Corporations Or Partnerships Not Affected
Sections 56:1-1 to 56:1-4 of this title shall in no way affect or apply to any corporation duly organized under the laws of this...
- Section 56:1-6 - Recording Dissolution Of Partnership
When any partnership which has filed the statement or certificate provided for by sections 56:1-1 and 56:1-2 of this Title shall be dissolved and...
- Section 56:1-7 - Place And Manner Of Recording Dissolution Of Partnership; Fees
The record of dissolution provided for by section 56:1-6 of this Title shall be made by the county clerk and by the Secretary of...
- Section 56:2-1 - Registration, Alteration Or Cancellation Authorized
Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military or veterans' organization, labor union, foundation, federation,...
- Section 56:2-2 - Application For Registration, Alteration Or Cancellation; Blanks; Object And Effect Of Registration
Application for a registration, alteration or cancellation authorized by section 56:2-1 of this title shall be made by the chief officer or officers of...
- Section 56:2-3 - No Registration Or Alteration Of Registration Of Imitations Or Simulations
When a name, badge, motto, button, decoration, membership card, charm, emblem, rosette, or other insignia has been registered in accordance with the provisions of...
- Section 56:2-4 - Certificates Of Registration Issued By Secretary Of State
Upon granting registration as provided in this chapter, the secretary of state shall issue his certificate to the applicant for registration, setting forth the...
- Section 56:2-5 - Forging, Etc., Registered Badge Or Insignia; Misdemeanor; Punishment
Any person who, without the permission or authority of any association or organization mentioned in section 56:2-1 of this title, makes, forges, counterfeits or...
- Section 56:2-6 - Improper Use Of Registered Badge Or Insignia; Misdemeanor; Punishment
Any person who willfully wears, exhibits, displays or uses, for any purpose, the badge, motto, button, decoration, membership card, charm, emblem, rosette, or other...
- Section 56:2-7 - Exceptions To Sections 56:2-5 And 56:2-6
The provisions of sections 56:2-5 and 56:2-6 of this title shall not apply to the wearing, exhibiting, displaying or using, for any purpose, of...
- Section 56:2-8 - Indexed Record Of Registrations Kept By Secretary Of State
The secretary of state shall keep a properly indexed record of the registration authorized by this chapter, which shall also show any altered or...
- Section 56:2-9 - Fees Of Secretary Of State
The fees of the secretary of state for registration, alteration, cancellation and searches made and certificates issued by him, pursuant to the provisions of...
- Section 56:3-13a - Purpose Of Act, Construction
16. This 1995 amendatory and supplementary act is intended to provide a system of State trademark registration and protection substantially consistent with the federal...
- Section 56:3-13.1a - Definitions Relative To Trademarks
1. As used in this act: "Abandoned," when used with reference to a mark, means the occurrence of either of the following: (1) When...
- Section 56:3-13.2 - Registrability
2. Registrability. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of...
- Section 56:3-13.3 - Application For Registration
3. Application for registration. Subject to the limitations set forth in this act, any person who uses a mark may file in the office...
- Section 56:3-13.3a - Examination Of Applications, Procedures
11. a. Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be...
- Section 56:3-13.3b - Review Of Registration Decisions, Procedure
14. a. An applicant or registrant shall have the right of appeal solely on the record to an administrative law judge designated by the...
- Section 56:3-13.4 - Certificate Of Registration
4. Certificate of registration. Upon compliance by the applicant with the requirements of this act, the Secretary of State shall cause a certificate of...
- Section 56:3-13.5 - Duration And Renewal
5. Duration and renewal. Registration of a mark with the Secretary of State shall be effective for a term of five years from the...
- Section 56:3-13.6 - Assignment, Other Instruments
6. Assignment, other instruments. a. Any mark and its registration or application for registration shall be assignable with the good will of the business...
- Section 56:3-13.7 - Records
7. Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this act and applications...
- Section 56:3-13.7a - Certificate Of Availability
Upon request of any person, the Secretary of State shall issue upon the payment of a fee of $25.00 a certificate of availability of...
- Section 56:3-13.8 - Cancellation
8. Cancellation. The Secretary of State shall cancel from the register: (a) after one year from the effective date of this act, all registrations...
- Section 56:3-13.9a - Establishment Of Classification Of Goods, Services
12. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this act, but which shall not...
- Section 56:3-13.10 - Fraudulent Registration
10. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of...
- Section 56:3-13.13 - Common Law Rights
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law....
- Section 56:3-13.14 - Severability
If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this act shall...
- Section 56:3-13.15 - Repeal
Sections 56:3-1 to 56:3-13 of the Revised Statutes are repealed, except that as to any suit, proceeding or appeal, and for that purpose only,...
- Section 56:3-13.16 - Action For Trafficking In Counterfeit Marks; Remedies.
2. a. Subject to the provisions of section 13 of P.L.1966, c.263 (C.56:3-13.13), and with respect to a mark registered pursuant to this act...
- Section 56:3-13.17 - Destruction Order
In any civil action brought pursuant to this act, if the court determines that a mark is counterfeit, the court may order the destruction...
- Section 56:3-13.18 - Not Exclusive Remedy
Nothing in this act shall supersede any provision of federal, State, or other law imposing criminal penalties or affording civil remedies in addition to...
- Section 56:3-13.19 - Estoppel
A final judgment or decree rendered in favor of the State in a criminal proceeding brought under Chapter 20 or 21 of Title 2C...
- Section 56:3-13.20 - Remedies For Dilution Of Famous Marks
13. The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity, to an injunction,...
- Section 56:3-13.21 - Regulations, Fees
15. The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate...
- Section 56:3-13.22 - Additional Enforcement Action For Certain Trademark Violations.
1. a. In addition to any civil action brought pursuant to subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16) or any criminal prosecution...
- Section 56:3-14 - Citation Of Article
This article shall be known and designated as the "New Jersey bottle law" , and may be so cited and referred to in all...
- Section 56:3-15 - Registration Of Names, Marks Or Devices Authorized
Any person or corporation engaged in manufacturing soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, ice cream, ice...
- Section 56:3-16 - Descriptions Of Names, Marks Or Devices Filed With County Clerk And Secretary Of State
The registration of names, marks or other devices shall be by filing in the office of the clerk of the county in which the...
- Section 56:3-17 - Descriptions Published In Newspaper
Any person or corporation seeking to register names, marks or other devices under authority of this article shall first cause the description mentioned in...
- Section 56:3-19 - Affidavit Of Publication As Evidence Of Publication And Matters Therein Stated
The affidavit of the printer or publisher of the newspaper, or of his foreman or clerk, in which the description mentioned in section 56:3-16...
- Section 56:3-20 - Unlawful Use Or Disposition Of Containers Marked With Registered Name, Mark Or Device
No person or corporation, other than the owner or proprietor, of a name, mark or other device mentioned in section 56:3-15 of this title,...
- Section 56:3-21 - Violations Of Article; Imprisonment Or Fine
Any person, acting for himself or as the agent of any person, firm or corporation, who violates the provisions of this article shall, for...
- Section 56:3-22 - Taking Possession Of Unlawfully Used Containers Marked With Registered Name, Mark Or Device
The owner or proprietor, or his or its agents, may take possession of any bottle, container or receptacle mentioned in section 56:3-15 of this...
- Section 56:3-23 - Collection And Enforcement Of Penalties, Jurisdiction
56:3-23. The Superior Court and any municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of...
- Section 56:3-25 - Search Warrant For Unlawfully Used Containers Marked With Registered Name, Mark Or Device; Procedure Thereon
56:3-25. Whenever any person makes oath before the Superior Court or any municipal court that he has reason to believe and does believe that...
- Section 56:3-26 - Presumptive Evidence Of Ownership Of Containers
The presence, upon any bottle, container or receptacle mentioned in section 56:3-15 of this title, of any name, mark or device which has been...
- Section 56:3-27 - Disposition Of Fines And Costs Imposed And Collected
All fines and costs imposed and collected upon conviction for violations of this article in any city of the first class shall be paid...
- Section 56:3-28 - Deposit Made On Delivery Of Containers Not Sale Thereof
The requiring, taking or accepting of any deposit upon delivery of any bottle, container or receptacle mentioned in section 56:3-15 of this title, having...
- Section 56:3-29 - Civil Penalties For Violations Of Article; Action At Law
Any person or corporation who or which violates the provisions of this article shall be liable to a penalty of five dollars, for the...
- Section 56:3-32 - Rights Of Registrants Under Prior Laws
Any person or corporation who has filed in any of the offices mentioned in section 56:3-16 of this title a description of the names,...
- Section 56:3-33 - Proceedings Pending Under Prior Laws
Any proceedings pending on July eleventh, nineteen hundred and thirty-three, under the act entitled "An act concerning bottles, boxes, siphons, tins, kegs or other...
- Section 56:3-34 - Laws Concerning Shippers Of Milk And Milk Cans Not Affected
Nothing in this article contained shall be construed to repeal, modify or affect article 4 of this chapter (s. 56:3-42 et seq.), or any...
- Section 56:3-35 - Filing Names, Marks Or Devices; Fee
Any person engaged in the business of supplying towels, coats, aprons, toilet devices or other kindred articles or supplies for hire or compensation, used...
- Section 56:3-36 - Effect Of Filing
Any person who has complied with the provisions of section 56:3-35 of this title shall thereupon be deemed the owner of such name, mark...
- Section 56:3-37 - Assignment Of Business; Procedure
When any person having complied with the provisions of sections 56:3-35 and 56:3-36 of this title assigns, by sale or otherwise, the business mentioned...
- Section 56:3-38 - Use Or Possession Of Supplies; Defacing Names, Etc.; Leases
No person other than as provided in sections 56:3-35 and 56:3-36 of this title shall use any towels, coats, aprons, toilet cabinets, towel devices,...
- Section 56:3-39 - Washing Marked Articles
No person, other than the owner, shall launder, wash, clean, renovate or cause to have laundered, washed, cleaned, or renovated, any towels, coats, aprons,...
- Section 56:3-40 - Deposit For Safe-keeping Or Return Of Articles Not Sale Thereof
The requiring, taking or acceptance of any sum of money by the owner of towels, coats, aprons, toilet cabinets, toilet devices, or any other...
- Section 56:3-41 - Penalty; Recovery; Jurisdiction; Procedure
56:3-41. Any person violating any of the provisions of this article shall, for the first offense, be liable to a penalty of not less...
- Section 56:3-42 - Unlawful Use Or Other Disposition Of Milk Or Cream Cans
No person shall, without the written consent of the owner or owners or shipper, or shippers, or his or their agent, use, sell, dispose...
- Section 56:3-43 - Agent Of Railroad For Protection Of Cans
The superintendent of any railroad over which milk or cream shall be carried or shipped to any place within this state, shall have the...
- Section 56:3-44 - Presumptive Evidence Of Unlawful Use
The fact of any person, without the written consent of the owner, dealer or shipper thereof, or his agent, either using, selling, disposing of,...
- Section 56:3-45 - Emptying And Taking Possession Of Cans Unlawfully Used
Any can or cans mentioned in section 56:3-42 of this title, full or partly full of milk or cream, used in violation of the...
- Section 56:3-46 - Penalty For Violations Of Article; Amount; Recovery; Procedure
Any person who shall, in violation of this article, either use, sell, dispose of, buy, traffic in or have in his possession, or in,...
- Section 56:3-47 - Complaint For Unlawful Use Of Cans; Jurisdiction; Search Warrant; Procedure
56:3-47. If any owner, dealer or shipper, or his agent, has reason to believe, and does believe, that any can or cans of the...
- Section 56:3-48 - Deposit For Return Of Marked Baskets Or Packages
No person engaged in selling the products of a farm or garden, on commission or otherwise, shall allow the basket or other package containing...
- Section 56:3-49 - Penalty For Violation Of Article
Any person who shall violate the provisions of section 56:3-48 of this title, or who shall, without the written consent of the owner, sell,...
- Section 56:3a-1 - Short Title
1. This act shall be known and may be cited as the "Music Licensing Practices Act." L.1996,c.122,s.1.
- Section 56:3a-2 - Definitions Relative To Music Licensing Practices
2. As used in this act: "Copyright owner" means the owner of a copyright of a musical work, other than a motion picture or...
- Section 56:3a-3 - Availability Of List Of Performed Copyrighted Musical Works
3. a. Every performing rights society licensing music in this State shall make available in electronic form on the largest nonproprietary cooperative public computer...
- Section 56:3a-4 - Information Required To Be Provided To Proprietors
4. A performing rights society shall not enter into or execute a contract for the payment of royalties by a proprietor unless, no later...
- Section 56:3a-5 - Contract Between Performing Rights Society And Proprietor
5. A contract between a performing rights society and a proprietor for the payment of royalties shall be offered for a term of one...
- Section 56:3a-6 - Requirements For Contracts
6. Every contract between a performing rights society and a proprietor for the payment of royalties executed or renewed in this State shall: a....
- Section 56:3a-7 - Performing Rights Society, Prohibited Practices
7. No performing rights society, or any agent or employee thereof shall: a. enter onto the premises of a proprietor's business for the purpose...
- Section 56:3a-8 - Obligations Under Federal Copyright Law
8. Nothing in this act shall be construed to prevent a performing rights society from informing a proprietor of the proprietor's obligations under the...
- Section 56:3a-9 - Court Action By Proprietor
9. a. A proprietor may bring an action in a court of competent jurisdiction or assert a counterclaim against a performing rights society to...
- Section 56:3a-10 - Application Of Act
10. a. This act shall not apply to contracts between performing rights societies and broadcasters licensed by the Federal Communications Commission, except that if...
- Section 56:4-1 - Appropriation Of Name, Brand, Trade-mark, Reputation Or Goodwill Of Maker By Dealer In Product Of Maker
No merchant, firm or corporation shall appropriate for his or their own use a name, brand, trade-mark, reputation or goodwill of any maker in...
- Section 56:4-1.1 - Contracts To Restrain Resale Of Commodity At Lower Than Stipulated Price; Unenforceability
Any contract provision that purports to restrain a vendee of a commodity from reselling such commodity at less than the price stipulated by the...
- Section 56:4-2 - Injunction; Damages
Any person, firm or corporation violating any of the provisions of section 56:4-1 of this title shall be liable, at the suit of the...
- Section 56:4a-1 - Definitions
As used in this act: a. "Customer" means any person who causes or caused a molder to fabricate, cast or otherwise make a mold,...
- Section 56:4a-2 - Transfer Of Rights, Title And Interest To Molder Upon Customer's Failure To Take Possession; Notice
Unless otherwise agreed to in writing, if a customer does not take possession from a molder of a mold, die or form situated in...
- Section 56:4a-3 - Customer's Failure To Take Possession Following Notice; Destruction
If a customer does not take possession of the particular die, mold, or form within 120 days following the date the molder receives acknowledgement...
- Section 56:4a-4 - Rights Of Customers Under Federal Patent Or Copyright Law Or Law Pertaining To Unfair Competition Unaffected
This act shall not be construed to affect the rights of customers under federal patent or copyright law, or any State or federal law...
- Section 56:4a-5 - "Within 3 Years Following Its Last Use" Construed
For purposes of this act, the term "within 3 years following its last use" shall be construed to include any period following the last...
- Section 56:4a-6 - Molder's Lien On Dies, Molds, Forms Or Patterns.
1.A molder shall have a lien, dependent on possession, on all dies, molds, forms or patterns in the molder's hands belonging to a customer...
- Section 56:4a-7 - Molder's Option To Sell Due To Unpaid Balance.
2.If a balance due the molder remains unpaid 60 days after payment is due, the molder may sell the die, mold, form or pattern,...
- Section 56:4a-8 - Notification To Customer By Molder Before Sale.
3. a. Before a molder may sell the die, mold, form or pattern, the molder shall notify the customer and, if the owner is...
- Section 56:4a-9 - Sale Prohibited If Violation Of Federal Patent, Copyright Law.
4.The sale of a die, mold, form or pattern shall not be made under this act if it is in violation of any right...
- Section 56:5-1 - Offenses In Connection With Electric Storage Batteries Marked "Rental" Or With Other Word, Mark, Device Or Character
When any electric storage battery has the word "rental" or any word, mark, device or character printed, painted, stamped, burned or otherwise placed upon...
- Section 56:5-2 - Failure To Mark "Rebuilt" Assembled Or Rebuilt Electric Storage Battery; Misdemeanor
Whoever assembles or rebuilds, in whole or in part, an electric storage battery for use on automobiles, out of secondhand or used material, such...
- Section 56:6-1 - Definitions
Words used in this act, unless otherwise expressly stated, or unless the context or subject matter otherwise requires, shall have the following meaning: "Person"...
- Section 56:6-2 - Regulations Relative To Sale Of Motor Fuels.
201. (a) Every retail dealer shall publicly display and maintain, in the manner regulated by the Director of the Division of Taxation, a sign...
- Section 56:6-2.1 - Price Signs To Be Displayed In Accordance With Act
All signs relating to the price of motor fuel being sold or dispensed by a retail dealer shall be used and displayed in accordance...
- Section 56:6-2.2 - Price Signs; Display And Maintenance
Signs under the control of the retail dealer, stating the price of motor fuel for delivery into the service tank or tanks of any...
- Section 56:6-2.3 - Case For Displaying Prices; Manner Of Stating Prices.
3.No retail dealer shall sell or offer for sale any motor fuel without having a. attached by a suitable bracket or slot arrangement in...
- Section 56:6-2.4 - No Signs Relating To Prices To Be Posted Except Those Authorized
No sign stating or relating to the price of motor fuel and no signs designed or calculated to cause the public to believe that...
- Section 56:6-2.5 - Inconsistent Acts Superseded
This act shall supersede any and all acts or parts of acts inconsistent herewith. L.1952, c. 258, p. 882, s. 5.
- Section 56:6-3 - Violations And Penalties.
301. Every retail dealer who shall fail to post and publicly display, in the manner herein required, a sign stating the price per gallon,...
- Section 56:6-3.1 - Sale Of Motor Fuel During State Of Energy Emergency.
1.Notwithstanding the provisions of section 201 of P.L.1938, c.163 (C.56:6-2) or any other law, rule, or regulation to the contrary, during a state of...
- Section 56:6-4 - Procedure For Collection Of Penalties
401. Procedure for collection of penalties The following procedure shall be followed in actions for the enforcement of penalties set forth in Article III...
- Section 56:6-4.1 - Weights And Measures Officers May Recover Penalties
6. a. The State Superintendent of Weights and Measures or any State, county, or municipal weights and measures officer may also recover penalties for...
- Section 56:6-5 - Disposition Of Penalties
All moneys which shall be recovered as penalties under this act shall be paid by the commissioner to the State Treasurer to be transferred...
- Section 56:6-6 - Administration; Rules And Regulations
The State Tax Commissioner is hereby authorized and empowered to carry into effect the provisions of this act and in pursuance thereof to make...
- Section 56:6-7 - Audit, Examination Or Investigation Of Books, Records, Papers, Etc.
For the purpose of administering this act, the commissioner whenever he deems it expedient, may make or cause to be made by any employee...
- Section 56:6-8 - Hearings; Oaths; Examination Of Witnesses
The commissioner or any employee of the State Tax Department by him thereunto designated may conduct hearings, administer oaths to and examine under oath...
- Section 56:6-9 - Subpoenas; Fees Of Witnesses
The commissioner or any employee of the State Tax Department by him thereunto designated shall have the power by subpoena, signed by the commissioner...
- Section 56:6-10 - Refusal To Obey Subpoena; Compelling Compliance
If a person subpoenaed to attend any hearing under this act fails to appear, be examined or answer any question or produce any books,...
- Section 56:6-11 - Assistant Or Deputy Commissioner; Civil Service; Continuous Employment For 30 Months
The commissioner may appoint an assistant or a deputy to administer this act, and such other assistants as he may deem necessary, and may...
- Section 56:6-12 - Records Kept By Retailers, Preservation
507. Every retail dealer shall keep such records as may be prescribed by orders, rules or regulations of the director and as may be...
- Section 56:6-12.1 - Aboveground Pumps, Totalizer Required When In Operation
65. All aboveground pumps connected to storage tanks which are used to dispense fuels by a retail dealer or a seller of special fuels...
- Section 56:6-12.2 - Ensuring Integrity Of Totalizers, Seals
66. The director or his assistants may, by the use of seals or sealing devices, ensure that totalizers or seals cannot be removed, altered,...
- Section 56:6-12.3 - Interference With, Failure To Use Totalizer, Fourth Degree Crime
67. Any person who, without permission or authority and for the purpose of evading or circumventing any law of this State, alters, manipulates, replaces,...
- Section 56:6-13 - Record Of Commissioner's Official Act; Copies Of Rules, Regulations, Etc.
The commissioner shall keep a record of all of his official acts and shall preserve copies of all rules, regulations, decisions and orders made...
- Section 56:6-14 - Suspension, Revocation Of License
509. The director may suspend or revoke the license held by any retail dealer for a violation of any of the provisions of this...
- Section 56:6-15 - Enforcement Expenses
From and after January first, one thousand nine hundred and thirty-nine, the expenses of enforcing the provisions of this act shall be paid out...
- Section 56:6-16 - Separability Of Provisions
If any of the provisions of this act or the application thereof to any person or circumstances be held invalid, such invalidity shall not...
- Section 56:6-17 - Title Of Act
This act shall be cited and referred to as "An act to regulate the retail sale of motor fuels." L.1938, c. 163, p. 372,...
- Section 56:6-19 - Legislative Declaration Of Policy
(a) It is hereby declared that: The methods and practices of the distribution and sale of motor fuels in this State have developed unfair...
- Section 56:6-20 - Short Title
This act shall be known and may be cited as the "Unfair Motor Fuels Practices Act." L.1953, c. 413, p. 2072, s. 2.
- Section 56:6-21 - Definitions
The following words, terms and phrases, when used in this act, shall have the meaning ascribed to them except where the context clearly indicates...
- Section 56:6-22 - Rebates, Allowances And Discounts; Leases And Contracts; Discrimination In Price; Violations A Misdemeanor
It shall be unlawful and a violation of this act for any distributor, refiner, wholesaler or supplier, with intent to injure competitors or destroy...
- Section 56:6-23 - Contracts In Violation Of Act
Any contract expressed or implied, made by any person in violation of any of the provisions of this act, is declared to be an...
- Section 56:6-24 - Rules And Regulations
The director may adopt rules and regulations for the enforcement of this act. L.1953, c. 413, p. 2074, s. 6.
- Section 56:6-25 - Action To Restrain Violation; Action For Damages
(a) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation, or threatened violation, of any...
- Section 56:6-26 - Suspension Or Revocation Of License; Reinstatement
(a) In addition to the provisions of this act, the director is empowered to suspend or revoke the license or any licenses of any...
- Section 56:6-27 - Sale During Suspension Or Revocation Of License Prohibited; Disciplinary Proceedings, Bar Or Abatement Of
No person whose license has been suspended or revoked shall sell motor fuel or permit motor fuel to be sold during the period of...
- Section 56:6-28 - Review Of Suspension Or Revocation Or Refusal To Reinstate License
Any determination by the director and any order of suspension or revocation of a license or licenses thereunder or refusal to reinstate a license...
- Section 56:6-29 - Enforcement Of Act; Employment Of Inspectors And Other Personnel
In order to effectuate the purposes of this act it shall be the duty of the director to carry out the enforcement provisions of...
- Section 56:6-30 - Powers Available In Enforcement Of Act
All of the powers vested in the Director of the Division of Taxation by the provisions of R.S. 54:39-1, et seq., aforesaid, shall be...
- Section 56:6-31 - Partial Invalidity
The provisions of this act shall be deemed to be severable and if for any reason any provision shall be determined to be unconstitutional...
- Section 56:6-32 - Effective Date
This act shall take effect July first, one thousand nine hundred and fifty-four. L.1953, c. 413, p. 2076, s. 14.
- Section 56:7-18 - Short Title
This act shall be known and may be cited as the "Unfair Cigarette Sales Act of 1952." L.1952, c. 247, p. 822, s. 1.
- Section 56:7-19 - Definitions
The following words, terms and phrases, when used in this act, shall have the meaning ascribed to them in this section except where the...
- Section 56:7-20 - Violations By Retailer, Wholesaler, Distributor.
3.It shall be unlawful and a violation of this act: a.For any retailer, wholesaler or distributor with intent to injure competitors or destroy or...
- Section 56:7-21 - "Cost To The Retailer" Defined
a. The term "cost to the retailer" shall mean the "basic cost of cigarettes" to the retailer plus the "cost of doing business by...
- Section 56:7-22 - "Cost To The Wholesaler" Defined
a. The term "cost to the wholesaler" shall mean the "basic cost of cigarettes" to the wholesaler plus the "cost of doing business by...
- Section 56:7-23 - Advertisements, Offers For Sale Or Sales Involving Two Or More Items
In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined...
- Section 56:7-24 - Sales By Wholesaler To Another Wholesaler
When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter,...
- Section 56:7-25 - Provisions Inapplicable When
The provisions of this act shall not apply to sales at retail or sales at wholesale made (a) as an isolated transaction and not...
- Section 56:7-26 - Sales To Meet Price Of Competitor
a. Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a...
- Section 56:7-27 - Contracts In Violation Of Act
Any contract, expressed or implied, made by any person in violation of any of the provisions of this act, is declared to be an...
- Section 56:7-28 - Determination Of Cost To Retailer Or Cost To Wholesaler; Evidence
a. In determining "cost to the retailer" and "cost to the wholesaler" the Director or a court shall receive and consider as bearing on...
- Section 56:7-29 - Sales Outside Ordinary Channels; Invoice Price May Not Be Used
In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of said cigarettes purchased at a forced, bankrupt, or closeout...
- Section 56:7-30 - Cost Survey As Evidence
Where a cost survey, pursuant to recognized statistical and cost accounting practices, has been made for the trading area in which the offense is...
- Section 56:7-31 - Rules And Regulations
The director may adopt rules and regulations for the enforcement of this act and he is empowered to and may undertake a "cost survey"...
- Section 56:7-32 - Action To Enjoin Violation; Action For Damages
a. An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation, or threatened violation, of any...
- Section 56:7-33 - Suspension, Revocation Of License
a. In addition to the provisions of section 3 and section 15 of this act, the director is empowered to suspend or revoke the...
- Section 56:7-34 - Sales During Suspension Or Revocation Of License Prohibited; Disciplinary Proceedings
No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during the period of such suspension...
- Section 56:7-35 - Review Of Order Of Suspension Or Revocation
Any determination by the director and any order of suspension or revocation of a license or licenses thereunder or refusal to reinstate a license...
- Section 56:7-36 - Enforcement Of Act
In order to effectuate the purposes of this act it shall be the duty of the director to carry out the enforcement provisions of...
- Section 56:7-37 - Powers Available
All of the powers vested in the Director of the Division of Taxation by the provisions of the "Cigarette Tax Act," aforesaid, shall be...
- Section 56:7-38 - Severability; Partial Invalidity
The provisions of this act shall be deemed to be severable and if for any reason any provision shall be determined to be unconstitutional...
- Section 56:8-1 - Definitions.
1. (a) The term "advertisement" shall include the attempt directly or indirectly by publication, dissemination, solicitation, indorsement or circulation or in any other way...
- Section 56:8-1.1 - Temporary Help Services; Inclusion Within Definition Of Merchandise; Rules, Regulations; Fees, Charges On Firms; Transport Of Workers Regulated.
14.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...
- Section 56:8-1.2 - Unlawful Withholding Of Diversion Of Wages By Temporary Help Service Firm; Penalty.
1.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...
- Section 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,...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 56:8-2.7 - Solicitation Of Funds Or Contributions, Or Sale Or Offer For Sale Of Goods Or Services Under False Representation Of Solicitation For Charitable Or Nonprofit Organization Or Of Benefit For Handicapped Persons
It shall be an unlawful practice for any person to solicit funds or a contribution of any kind, or to sell or offer for...
- Section 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...
- Section 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...
- Section 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....
- Section 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...
- Section 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...
- Section 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...
- Section 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.
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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....
- Section 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...
- Section 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,...
- Section 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...
- Section 56:8-2.27 - Sale Of Baby Food, Non-prescription Drugs, Cosmetics, Certain; Unlawful.
1.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...
- Section 56:8-2.28 - Short Title.
1.This act shall be known and may be cited as the "Raincheck Policy Disclosure Act." L.2006,c.59,s.1.
- Section 56:8-2.29 - Definitions Relative To Raincheck Policy Disclosure.
2.As used in this act: "Advertised" means any attempt, other than by use of a price tag, catalogue or any offering for sale of...
- Section 56:8-2.30 - Posting Of Raincheck Policy By Retail Mercantile Establishment.
3.Every retail mercantile establishment which issues rainchecks to consumers for the sale of advertised merchandise that is not available throughout the advertised period shall...
- Section 56:8-2.31 - Unlawful Practices By Retail Mercantile Establishment Relative To Rainchecks.
4.It shall be an unlawful practice for any retail mercantile establishment which provides a raincheck for any advertised merchandise that is not available for...
- Section 56:8-2.32 - Regulations.
5.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure...
- Section 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...
- Section 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...
- Section 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...
- Section 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,...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 56:8-13 - Penalties.
1.Any person who violates any of the provisions of the act to which this act is a supplement shall, in addition to any other...
- Section 56:8-14 - Enforcement Of Penalty; Process.
2.The Superior Court and every municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of the...
- Section 56:8-14.1 - Office Of Consumer Affairs Entitled To Penalties, Fines Or Fees.
1.In any action in a court of appropriate jurisdiction initiated by the director of any certified county or municipal office of consumer affairs, the...
- Section 56:8-14.2 - Definitions Relative To Certain Deceptive Consumer Practices
1.As used in this act: "Fund" means the Consumer Fraud Education Fund created pursuant to section 5 of this act. "Pecuniary injury" shall include,...
- Section 56:8-14.3 - Additional Penalties For Violation Of C.56:8-1 et Seq.
2. 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...
- Section 56:8-14.4 - Restoration Of Money, Property Given Priority
3.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...
- Section 56:8-14.5 - Educational Program About Consumer Protection Laws, Rights.
4.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Director of the Division...
- Section 56:8-14.6 - Consumer Fraud Education Fund
5. a. There is established in the General Fund a special fund to be known as the Consumer Fraud Education Fund. The State Treasurer...
- Section 56:8-14.7 - Rules, Regulations
6.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...
- Section 56:8-15 - Additional Penalties.
3.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)...
- Section 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...
- Section 56:8-17 - Noncompliance; Penalties.
5.Upon the failure of any person to comply within 10 days after service of any order of the Attorney General or his designee directing...
- Section 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...
- Section 56:8-19 - Action, Counterclaim By Injured Person; Recovery Of Damages, Costs.
7.Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another...
- Section 56:8-19.1 - Exemption From Consumer Fraud Law, Certain Real Estate Licensees, Circumstances.
1.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 of punitive damages, attorney fees,...
- Section 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...
- Section 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.
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 56:8-26 - Definitions.
1.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"...
- Section 56:8-27 - Requirements For Ticket Broker.
2.No ticket broker shall engage in or continue in the business of reselling tickets for admission to a place of entertainment without meeting the...
- Section 56:8-28 - Application For Registration, Fee.
3. a. The division shall prepare and furnish to applicants for registration application forms and requirements prescribed by the director pertaining to the applications...
- Section 56:8-29 - Issuance Of Certificate Of Registration.
4. a. Within 120 days after receipt of the completed application, fee and bond, if any, and when the director is satisfied that the...
- Section 56:8-30 - Bond Required To Engage In Business Of Reselling Tickets As A Ticket Broker.
5.The director shall require the applicant for a certificate of registration to engage in the business of reselling tickets as a ticket broker to...
- Section 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...
- Section 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...
- Section 56:8-33 - Price Charged Printed On Ticket, Maximum Premium For Reseller; Exceptions.
8. a. Each place of entertainment shall print on the face of each ticket and include in any advertising for any event the price...
- Section 56:8-34 - Reselling Tickets Prohibited In Certain Area; Exceptions.
9. a. No person shall resell or purchase with the intent to resell any ticket, in or on any street, highway, driveway, sidewalk, parking...
- Section 56:8-35 - Special Treatment In Obtaining Tickets; Prohibition
Any person who gives or offers anything of value to an employee of a place of entertainment in exchange for, or as an inducement...
- Section 56:8-35.1 - Withholding Tickets From Sale, Prohibited Amount.
8.It shall be an unlawful practice for a person, who has access to tickets to an event prior to the tickets' release for sale...
- Section 56:8-35.2 - Refunds Prohibited Under Certain Circumstances.
9.A purchaser of tickets who places a special order with a ticket broker for tickets that are not in stock or are obtained for...
- Section 56:8-35.3 - Method For Lawful Sell Back.
11. The director and places of entertainment shall create a method for season ticket holders and other ticket holders to lawfully sell back tickets...
- Section 56:8-35.4 - Use Of Digger Unlawful.
12. It shall be an unlawful practice for a person to use a digger to acquire any ticket. L.2001,c.394,s.12.
- Section 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...
- Section 56:8-37 - Violations; Penalty
Any person who violates any provision of this act shall be guilty of a crime of the fourth degree. L.1983, c. 135, s. 12.
- Section 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...
- Section 56:8-39 - 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....
- Section 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....
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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...
- Section 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....
- Section 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...
- Section 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...
- Section 56:8-49 - Definitions
1. As used in this act: "Dealer" means a person who sells a toy or other article intended for use by children at retail....
- Section 56:8-50 - Notice Of Defect Or Hazard In Children's Products To Director
2. Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S. Consumer Product Safety Commission, is required to...
- Section 56:8-51 - Dealer Display Of Notification
3. A dealer who is notified by a manufacturer, a distributor or the U.S. Consumer Product Safety Commission of a defective or hazardous toy...
- Section 56:8-52 - Inspection Program; Regulations
4. a. The director shall establish an inspection program to insure that dealers in toys and other articles intended for use by children comply...
- Section 56:8-53 - Allocation Of Penalty Monies
5. The monies collected as penalties for violations of this act shall be allocated to the Division of Consumer Affairs in the Department of...
- Section 56:8-53.1 - Definitions Relative To Child Product Safety.
1.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...
- Section 56:8-53.2 - Unlawful Practices Relative To Children's Products Deemed Unsafe.
2. a. It shall be an unlawful practice for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet,...
- Section 56:8-53.3 - Duties Of Division Of Consumer Affairs; Immunity From Liability.
3. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall: (1)create, maintain, and update a comprehensive list of...
- Section 56:8-53.4 - Retrofitting Of Children's Products.
4.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...
- Section 56:8-53.5 - Rules, Regulations.
6. 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...
- Section 56:8-54 - Application Of Consumer Fraud Act To Information Services
1. 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...
- Section 56:8-55 - Definitions
2. 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...
- Section 56:8-56 - Unlawful Practice Without Disclosures Required
3. a. It shall be an unlawful practice for a person to advertise or sell an information service unless the following information is clearly...
- Section 56:8-57 - Unlawful Practices
4. It shall be an unlawful practice for a person to advertise or sell an information service that involves: a. Advertisement through use of...
- Section 56:8-58 - Blocking Of Telephone Access
5. The Board of Public Utilities is directed to adopt rules and regulations providing a procedure whereby a subscriber, or the legal representative, guardian,...
- Section 56:8-59 - Rules, Regulations, Fees
6. 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...
- Section 56:8-60 - Injunctive Relief, Restraints On Income
7. 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...
- Section 56:8-61 - Short Title
1. This act shall be known and may be cited as the "Kosher Food Consumer Protection Act." L.1994,c.138,s.1.
- Section 56:8-62 - Definitions
2. As used in this act: "Dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as...
- Section 56:8-63 - Posting Of Kosher Information
3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be kosher or kosher for Passover, shall disclose...
- Section 56:8-64 - Unlawful Practice Not Committed; Proof Required
4. Any person subject to the requirements of section 3 of this act shall not be deemed to have committed an unlawful practice if...
- Section 56:8-65 - Presumptive Evidence Of Intent To Sell
5. Possession by a dealer of any food not in conformance with its disclosure is presumptive evidence that the person is in possession of...
- Section 56:8-66 - Compliance With Requirements
6. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be kosher or kosher for Passover shall comply with...
- Section 56:8-67 - Definitions Relative To Sale And Warranty Of Certain Used Vehicles
1. As used in this act: "As is" means a used motor vehicle sold by a dealer to a consumer without any warranty, either...
- Section 56:8-67.1 - Sale Of Used Passenger Motor Vehicle, Upon Termination Of Lease Agreement
2. A lessor who is a dealer and who sells or offers for sale a used passenger motor vehicle, subject to a motor vehicle...
- Section 56:8-68 - Unlawful Practices
2. It shall be an unlawful practice for a dealer: a. To misrepresent the mechanical condition of a used motor vehicle; b. To fail...
- Section 56:8-69 - Written Warranty Required; Minimum Durations
3. It shall be an unlawful practice for a dealer to sell a used motor vehicle to a consumer without giving the consumer a...
- Section 56:8-70 - Written Warranty; Requirements Of Dealer
4. The written warranty shall require the dealer, upon failure or malfunction of a covered item during the term of the warranty, to correct...
- Section 56:8-71 - Dealer's Failure To Correct Defect
5. a. If, within the periods specified in section 3 of this act, the dealer or his agent fails to correct a material defect...
- Section 56:8-72 - Term Of Warranty Extended For Repairs
6. The term of any written warranty offered by a dealer in connection with the sale of a used motor vehicle shall be extended...
- Section 56:8-73 - Waiver Of Dealer's Obligation To Provide Warranty
7. Notwithstanding any provision of this act to the contrary, a consumer, as a result of a price negotiation for the purchase of a...
- Section 56:8-74 - Warranty Given As A Matter Of Law
8. If a dealer fails to give a written warranty required by this act, the dealer nevertheless shall be deemed to have given the...
- Section 56:8-75 - Remedies, Rights Preserved
9. Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other...
- Section 56:8-76 - Nonapplicability Of Act
10. The provisions of sections 3, 4, and 5 shall not apply to: any used motor vehicle sold for less than $3,000; any used...
- Section 56:8-77 - Bond To Assure Compliance
11. To assure compliance with the requirements of this act, a dealer shall provide a bond in favor of the State of New Jersey...
- Section 56:8-78 - Rules, Regulations
12. 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...
- Section 56:8-79 - Consumer Awareness Program Required
13. The director shall implement a consumer awareness program which shall advise consumers of the requirements, protections and benefits provided by this act, within...
- Section 56:8-80 - Administrative Fee Established
14. The director may establish an administrative fee, to be paid by the consumer, in order to implement the provisions of this act, which...
- Section 56:8-81 - Short Title
1. This act shall be known and may be cited as the "Industrial Hygienist Truth in Advertising Act." L.1996,c.130,s.1.
- Section 56:8-82 - Findings, Declarations Relative To Industrial Hygiene
2. The Legislature finds and declares that it is necessary to provide assurance to the public that individuals who represent themselves as being involved...
- Section 56:8-83 - Definitions Relative To Industrial Hygiene
3. As used in this act: "Accredited college or university" means a college or university that is accredited by one of the following six...
- Section 56:8-84 - Unlawful Practices
4. a. It shall be an unlawful practice for any person to advertise or hold himself out as a certified industrial hygienist in training...
- Section 56:8-85 - Nonapplicability Of Act To Supervised Apprentices, Students
5. This act shall not apply to: a. A person employed as an apprentice under the supervision of an industrial hygienist, certified industrial hygienist...
- Section 56:8-86 - Definitions Relative To Telecommunications Service Providers
1.As used is this act: "Board" means the Board of Public Utilities. "Director" means the Director of the Division of Consumer Affairs in the...
- Section 56:8-87 - Change, Redirection Of Telecommunications Service Provider; Conditions
2.No telecommunications service provider or any person, firm or corporation acting as an agent or representative on behalf of a telecommunications service provider, shall,...
- Section 56:8-88 - Processing Of Change Orders
3.No telecommunications service provider or any person, firm or corporation acting as an agent or representative on behalf of a telecommunications service provider, shall,...
- Section 56:8-89 - Rules, Regulations Relative To Telecommunications Service Providers.
4.The board, in consultation with the director, shall adopt rules and regulations relating to changes in telecommunications service providers that are consistent with federal...
- Section 56:8-89.1 - Rules, Regulations To Enforce Fcc Agreement.
2.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...
- Section 56:8-90 - Change Notification; Bill Information
5.When an authorized change in a telecommunications service provider is made, the new telecommunications service provider shall be responsible for notifying the customer of...
- Section 56:8-91 - Violations, Penalties
6.A telecommunications service provider who is determined by the board, after notice and opportunity to be heard, to have willfully or intentionally violated any...
- Section 56:8-92 - Short Title.
1.This act shall be known and may be cited as the "Pet Purchase Protection Act." L.1999,c.336,s.1.
- Section 56:8-93 - Definitions Relative To Sales Of Cats And Dogs.
2.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...
- Section 56:8-94 - Construction Of Act.
3.No provision of this act shall be construed in any way to alter, diminish, replace, or revoke the requirements for pet dealers that are...
- Section 56:8-95 - Noncompliance By Pet Shop Considered Deceptive Practice.
4. a. Notwithstanding the provisions of any rule or regulation adopted pursuant to Title 56 of the Revised Statutes as such provisions are applied...
- Section 56:8-95.1 - Certain Animals Offered By Breeder, Broker, Prohibited Sale By Pet Shop.
3. a. No pet shop shall sell or offer for sale, or purchase for resale whether or not actually offered for sale by the...
- Section 56:8-95.2 - Construction Of Act.
4.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...
- Section 56:8-95.3 - Violations, Penalties.
5.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...
- Section 56:8-96 - Certification From Veterinarian, Recourse.
5. a. Any consumer who purchases from a pet shop an animal that becomes sick or dies after the date of purchase may take...
- Section 56:8-97 - Rules, Regulations.
7.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may adopt, pursuant to the "Administrative Procedure Act,"...
- Section 56:8-98 - Short Title.
1.Sections 1 through 6 of this act shall be known and may be cited as the "Halal Food Consumer Protection Act." L.2000,c.60,s.1.
- Section 56:8-99 - Definitions Relative To Food Represented As Halal.
2.As used in this act: "Dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as halal,...
- Section 56:8-100 - Posting Of Information By Dealer Representing Food To Be Halal.
3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal, shall disclose the basis upon which...
- Section 56:8-101 - Reliance On Representation, Good Faith, Defense.
4.Any person subject to the requirements of section 3 of this act shall not have committed an unlawful practice if it can be shown...
- Section 56:8-102 - Possession Of Food Implies Intent To Sell.
5.Possession by a dealer of any food not in conformance with the disclosure required by section 3 of this act with respect to that...
- Section 56:8-103 - Compliance Required By Dealer In Regard To Food Represented As Halal.
6.Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal shall comply with all requirements of the director,...
- Section 56:8-104 - Definitions Relative To Certain Loans For Senior Citizens.
1.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....
- Section 56:8-105 - Certain Home Improvement Loans Unlawful.
2.It shall be an unlawful practice for a person to make a home solicitation of a consumer who is a senior citizen where a...
- Section 56:8-106 - Immunity From Liability For Third Party, Exception.
3.A third party shall not be liable for an unlawful practice under section 2 of this act unless there was an agency relationship between...
- Section 56:8-107 - Findings, Declarations Relative To Excessive Price Increases At Certain Times.
1.The Legislature finds and declares that during emergencies and major disasters, including, but not limited to, earthquakes, fires, floods or civil disturbances, some merchants...
- Section 56:8-108 - Definitions Relative To Excessive Price Increases At Certain Times.
2.As used in this act: "Excessive price increase" means a price that is excessive as compared to the price at which the consumer good...
- Section 56:8-109 - Unlawful Practice To Sell Merchandise At Excessive Price During Emergency.
3.It shall be an unlawful practice for any person to sell or offer to sell during a state of emergency or within 30 days...
- Section 56:8-110 - Gift Certificate, Card, Validity, Terms, Required; Definitions.
1. a. A gift certificate or gift card sold after the effective date of this amendatory act shall retain full unused value until presented...
- Section 56:8-111 - Rules, Regulations.
2.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act,"...
- Section 56:8-112 - Violations Deemed Unlawful Practice.
3.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.
- Section 56:8-113 - Short Title
1.This act shall be known and may be cited as the "Safety Professional Truth in Advertising Act." L.2002,c.50,s.1.
- Section 56:8-114 - Findings, Declarations Realtive To Qualification Of Safety Professionals
2.The Legislature finds and declares that it is necessary to provide assurance to the public that individuals holding any safety certification have met certain...
- Section 56:8-115 - Definitions Relative To Qualifications Of Safety Professionals
3.As used in this act: "Safety profession" means the science and art concerned with the preservation of human and material resources through the systematic...
- Section 56:8-116 - Certification By Safety Professional Certification Organization Required
4.It shall be an unlawful practice for any person to advertise or hold himself out as possessing a professional safety certification from a safety...
- Section 56:8-117 - Motor Vehicle Window Tinting, Informing Customer Of State Restrictions; Required.
1.It shall be an unlawful practice for a person engaged in the retail sale and installation of motor vehicle window tinting materials or film...
- Section 56:8-118 - Rules, Regulations; Public Information Program
2.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...
- Section 56:8-119 - Findings, Declarations Relative To Telemarketing Calls
1. 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...
- Section 56:8-120 - Definitions Relative To Telemarketing Calls
2.As used in this act: "Customer" means an individual who is a resident of this State and a prospective recipient of a telemarketing sales...
- Section 56:8-121 - Unsolicited Telemarketing Calls Prohibited, Telemarketer Registration Required; Fee
3. a. A person shall not make or cause to be made, or attempt to make or cause to be made, an unsolicited telemarketing...
- Section 56:8-122 - Additional Requirements For Registration
4.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...
- Section 56:8-123 - Refusal To Issue, Renew; Revocation Of License
5. a. The director may refuse to issue or renew, and may revoke, any registration for failure to comply with, or violation of, the...
- Section 56:8-124 - Registration Number To Remain Property Of State
6. a. Any registration number issued by the director shall remain the property of the State and shall be immediately returned to the director...
- Section 56:8-125 - Reporting Of Change In Information
7.Any material change in any information filed with the director pursuant to this act shall be reported in writing to the director within 30...
- Section 56:8-126 - Maintenance Of Bond By Registrant
8. a. The director may establish that any person required to be registered pursuant to this act maintain a bond issued by a surety...
- Section 56:8-127 - Establishment, Maintenance Of No Telemarketing Call List, Use Of National Registry
9.The division shall establish and maintain a no telemarketing call list and may utilize for this purpose, in any manner the director deems appropriate,...
- Section 56:8-128 - Requirements Relative To Telemarketing Sales Calls.
10. a. No telemarketer shall make or cause to be made any unsolicited telemarketing sales call to any customer whose telephone number is included...
- Section 56:8-129 - Inclusion On List, Notice To Customers Of Existence Of List, Updating; Directory Information
11. a. A customer who desires to be included on the no telemarketing call list shall notify the division by calling a toll-free number...
- Section 56:8-130 - Prohibited Practices; "Commercial Mobile Service," "Commercial Mobile Service Device" Defined.
12. a. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to a commercial mobile service device of...
- Section 56:8-131 - Construction Of Act
13. Nothing in this act shall be construed to restrict any right which a person may have under any other statute or at common...
- Section 56:8-132 - Violations, Penalties; Exceptions
14. A violation of any provision of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of...
- Section 56:8-133 - "Consumer Protection Fund"
15. There is hereby established in the General Fund a special dedicated, non-lapsing fund to be known as the "Consumer Protection Fund," which shall...
- Section 56:8-134 - Rules, Regulations
16. 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...
- Section 56:8-135 - Information Not Considered Government Record
17. 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,...
- Section 56:8-136 - Short Title.
1. This act shall be known and may be cited as the "Contractors' Registration Act." L.2004,c.16,s.1.
- Section 56:8-137 - Definitions Relative To Home Improvement Contractors.
2.As used in this act: "Contractor" means a person engaged in the business of making or selling home improvements and includes a corporation, partnership,...
- Section 56:8-138 - Registration For Contractors; Application, Fee.
3. a. On or after December 31, 2005, no person shall offer to perform, or engage, or attempt to engage in the business of...
- Section 56:8-138.1 - Identification Badge Required For Certain Contractors.
1. 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...
- Section 56:8-138.2 - Home Elevation Contractors, Rules, Regulations; Fees; Penalties.
1. 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...
- Section 56:8-139 - Act Applicable To Contractors Who Publicly Advertise.
4.Except for persons exempted pursuant to section 5 of this act, any person who advertises in print or puts out any sign or card...
- Section 56:8-140 - Inapplicability Of Act.
5.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,"...
- Section 56:8-141 - Additional Requirements; Refusal To Issue Or Suspend Or Revoke Registration; Grounds.
6.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...
- Section 56:8-142 - Proof Of Commercial General Liability Insurance, Cargo, Other Insurance, Posting Of Bond; Requirements.
7. a. On or after December 31, 2005, every registered contractor who is engaged in home improvements shall secure, maintain and file with the...
- Section 56:8-143 - Refusal To Issue, Renew, Revocation, Suspension Of Registration; Procedures.
8. a. The director may refuse to issue or renew, and may revoke, any registration for failure to comply with, or violation of, the...
- Section 56:8-144 - Display Of Registration Number; Requirements.
9. a. All registrants shall prominently display their registration numbers within their places of business, in all advertisements distributed within this State, on business...
- Section 56:8-145 - Applicability Of Act To Out-of-state Contractors.
10. The provisions of this act shall apply to any person engaging in any of the activities regulated by this act in this State,...
- Section 56:8-146 - Violations, Fourth Degree Crime.
11. 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...
- Section 56:8-147 - Supersedure Of Municipal Ordinance, Regulation.
12. a. This act shall supersede any municipal ordinance or regulation that provides for the licensing or registration of contractors or for the protection...
- Section 56:8-148 - Municipal Powers Preserved.
13. This act shall not deny to any municipality the power to inspect a contractor's work or equipment, the work of a contractor who...
- Section 56:8-149 - Public Information Campaign, Toll Free Number.
14. a. The director shall establish and undertake a public information campaign to educate and inform contractors and the consumers of this State of...
- Section 56:8-150 - Applicability Of C.56:8-1 et Seq.
15. 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...
- Section 56:8-151 - Contracts, Certain, Required To Be In Writing; Contents.
16. a. On or after December 31, 2005, every home improvement contract for a purchase price in excess of $500, and all changes in...
- Section 56:8-152 - Rules, Regulations.
17. 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...
- Section 56:8-153 - Definitions Relative To Unsolicited Credit Cards, Checks.
1.As used in this act: "Check" means a demand draft drawn on or payable through an office of a depository institution located in the...
- Section 56:8-154 - Delivery Of Unsolicited Credit Card, Unlawful Practice.
2.It shall be an unlawful practice for any person to mail or otherwise deliver an unsolicited credit card to a person in this State.
- Section 56:8-155 - Unsolicited Credit Card, Unaccepted, Immunity From Liability For Use.
3.No person in whose name an unsolicited credit card is issued shall be liable for any amount resulting from use of that card, from...
- Section 56:8-156 - Unsolicited Check, Unaccepted, Immunity From Liability For Use.
4.No person in whose name an unsolicited check is issued shall be liable for any amount resulting from use of that check or account,...
- Section 56:8-157 - Definitions Relative To Certain Unsolicited Advertisements Over Telephone Lines.
1.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...
- Section 56:8-159 - Action By Aggrieved Person.
3. a. Any person aggrieved by a violation of this act may bring an action in the Superior Court in the county where the...
- Section 56:8-160 - Violation Constitutes Unlawful Practice.
4.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...
- Section 56:8-161 - Definitions Relative To Security Of Personal Information.
10. As used in sections 10 through 15 of this amendatory and supplementary act: "Breach of security" means unauthorized access to electronic files, media...
- Section 56:8-162 - Methods Of Destruction Of Certain Customer Records.
11. A business or public entity shall destroy, or arrange for the destruction of, a customer's records within its custody or control containing personal...
- Section 56:8-163 - Disclosure Of Breach Of Security To Customers.
12. a. Any business that conducts business in New Jersey, or any public entity that compiles or maintains computerized records that include personal information,...
- Section 56:8-164 - Prohibited Actions Relative To Display Of Social Security Numbers.
13. 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...
- Section 56:8-165 - Regulations Concerning Security Of Personal Information.
14. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Banking...
- Section 56:8-166 - Unlawful Practice, Violation.
15. 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...
- Section 56:8-166.1 - Person, Business, Association Prohibited From Publishing Certain Information On The Internet.
3. a. A person, business, or association shall not disclose on the Internet the home address or unpublished home telephone number of a law...
- Section 56:8-167 - Sale, Offer Of Vehicle Protection Product By Unregistered Warrantor, Person Deemed Unlawful Practice.
4. a. It shall be an unlawful practice for a person to sell, or offer for sale, a vehicle protection product with a warranty...
- Section 56:8-168 - Short Title.
1.This act shall be known and may be cited as the "Internet Dating Safety Act." L.2007, c.272, s.1.
- Section 56:8-169 - Findings, Declarations Relative To Internet Dating Safety.
2.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...
- Section 56:8-170 - Definitions Relative To Internet Dating Safety.
3.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...
- Section 56:8-171 - Requirements For Internet Dating Services.
4.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...
- Section 56:8-172 - Unlawful Practices For Internet Dating Services.
5.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...
- Section 56:8-173 - No Violation To Serve Solely As Intermediary.
6.An Internet service provider does not violate this act solely as a result of serving as an intermediary for the transmission of electronic messages...
- Section 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...
- Section 56:8-175 - Definitions Relative To Prepaid Telephone Calling Cards And Services.
1.As used in this act: "Advertisement" means the attempt, directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way,...
- Section 56:8-176 - Disclosure Of Certain Information Required.
2. a. Prepaid calling service providers and prepaid calling card distributors shall disclose the following information on cards or their packaging, as prescribed by...
- Section 56:8-177 - Certain Cards Not To Be Offered For Sale.
3.Prepaid calling card retailers shall not sell or offer for sale any prepaid calling card that the retailer knows provides fewer minutes than the...
- Section 56:8-178 - Violation Deemed Unlawful Practice; Remedies, Penalties.
4.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...
- Section 56:8-179 - Report To Governor, Legislature.
5.Not later than 18 months after the date of adoption of regulations implementing this act, the division shall issue a report to the Governor...
- Section 56:8-180 - Rules, Regulations.
6.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...
- Section 56:8-181 - Effective Date; Applicability Of Act.
7.This act shall take effect on the first day of the seventh month next following enactment, but the director may take such anticipatory action...
- Section 56:8-185 - Definitions Relative To International Labor Matching, Matchmaking Organizations.
1.As used in this act: "Client" means a resident of this State for whom an international labor matching organization seeks to locate labor assistance...
- Section 56:8-186 - Criminal History Record Background Checks Condition For Employment.
2. a. The division shall initiate criminal history record background checks of present and prospective owners and employees of an international labor matching organization...
- Section 56:8-187 - Certification As Qualified To Own Enterprise.
3. a. Every owner or prospective owner of an international labor matching organization or an international matchmaking organization shall apply to the director to...
- Section 56:8-188 - Authorization For Receipt Of Criminal History Record Information.
4. a. The director is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police...
- Section 56:8-189 - Written Consent For Criminal History Record Background Check.
5. a. The division shall not initiate a criminal history record background check pursuant to this act without the written consent of the person....
- Section 56:8-190 - Information Provided To Recruits Of International Matchmaking Organization.
6.An international matchmaking organization conducting business in this State shall provide all recruits with the telephone numbers for the Statewide Domestic Violence Hotline and...
- Section 56:8-191 - Public Education Program.
7.The division shall develop and undertake a public education program designed to inform the citizens of this State of the provisions of this act....
- Section 56:8-192 - Registration, Fee.
8.The division may require an international labor matching organization or an international matchmaking organization operating in this State to register with the division and...
- Section 56:8-193 - Criminal History, Provision Required Before Information Provided To Recruit.
9. a. Upon receipt of a request for information from a recruit, an international labor matching organization or an international matchmaking organization shall refrain...
- Section 56:8-194 - Violations.
10. 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.
- Section 56:8-195 - Rules, Regulations.
11. 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...
- Section 56:8-196 - Definitions Relative To The Security Of Certain Personal Information.
1.As used in this act: "Computer" means an electronic, magnetic, optical, electrochemical or other high speed data processing device or another similar device capable...
- Section 56:8-197 - Restrictions For Health Insurance Carrier Relative To Certain Computerized Records.
2. a. A health insurance carrier shall not compile or maintain computerized records that include personal information, unless that information is secured by encryption...
- Section 56:8-198 - Violation, Unlawful Practice.
3.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,
- Section 56:8-199 - Violations, Unlawful Practice.
2.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...
- Section 56:8-200 - Escrow Agent Evaluation Services, Charging Certain Fees Prohibited.
1. a. It shall be an unlawful practice for any person or entity to prepare a report for use by a mortgage lender in...
- Section 56:8-201 - Definitions Relative To Coin Redemption Machine Fees.
1.As used in this act: "Coin redemption machine" means a device that accepts, sorts, and counts coins deposited by a consumer and provides the...
- Section 56:8-202 - Notice Of Fee Required.
2.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...
- Section 56:8-203 - Violations; Penalties, Unlawful Practice.
3.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...
- Section 56:8-204 - Rules, Regulations.
4.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...
- Section 56:9-1 - Short Title
This act may be known and shall be cited as the "New Jersey Antitrust Act." L.1970, c. 73, s. 1, eff. May 21, 1970.
- Section 56:9-2 - Definitions
a. As used in this act, unless the context otherwise requires "person" shall mean any natural person or persons, or any corporation, partnership, company,...
- Section 56:9-3 - Contracts And Combinations In Restraint Of Trade
Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce, in this State, shall be unlawful....
- Section 56:9-4 - Monopolies; Unlawful Acquisitions
a. It shall be unlawful for any person to monopolize, or attempt to monopolize, or to combine or conspire with any person or persons,...
- Section 56:9-5 - Certain Activities Permitted
5. a. This act shall not forbid the existence of trade and professional organizations created for the purpose of mutual help, and not having...
- Section 56:9-6 - Duties Of Attorney General
The Attorney General shall investigate suspected violations of, and institute such proceedings as are hereinafter provided for violation of the provisions of this act....
- Section 56:9-7 - Violations; Dissolution And Other Relief
Upon a violation of this act by any corporation or association organized under the laws of this State, or upon failure to comply with...
- Section 56:9-8 - Foreign Corporations; Violations; Relief
Upon a violation of this act by a foreign corporation or association exercising the privilege of conducting business within this State, or upon a...
- Section 56:9-9 - Investigations; Subpoenas
a. (1) Whenever the Attorney General, by his own inquiry or as the result of a complaint, suspects that a violation of this act...
- Section 56:9-10 - Injunctions And Other Relief; Jurisdiction
a. The Superior Court shall have jurisdiction to prevent and restrain violations of this act. The Attorney General may institute proceedings to prevent and...
- Section 56:9-11 - Violations, Crime; Grading.
11. a. Any person who shall knowingly violate any of the provisions of P.L.1970, c.73 (C.56:9-1 et seq.) or knowingly aid or advise in...
- Section 56:9-12 - Treble Damage Suit
a. Any person who shall be injured in his business or property by reason of a violation of the provisions of this act may...
- Section 56:9-13 - Final Judgment In Civil Or Criminal Proceeding As Prima Facie Evidence
A final judgment heretofore or hereafter rendered in any civil or criminal proceeding brought by the State for violation of this act to the...
- Section 56:9-14 - Limitation Period
Any action brought to enforce the provisions of this act shall be barred unless commenced within 4 years after the cause of action arose,...
- Section 56:9-15 - Suspension Of Limitations Period
Whenever any civil or criminal proceeding shall be commenced by the State to prevent, restrain or punish a violation of this act, but not...
- Section 56:9-16 - Cumulative Remedies
The remedies provided in this act shall be cumulative. L.1970, c. 73, s. 16, eff. May 21, 1970.
- Section 56:9-17 - Cooperation With Federal Government And With Other States
The Attorney General may cooperate with officials of the Federal Government and the several states in the enforcement of this act. L.1970, c. 73,...
- Section 56:9-18 - Uniform Construction
This act shall be construed in harmony with ruling judicial interpretations of comparable Federal antitrust statutes and to effectuate, insofar as practicable, a uniformity...
- Section 56:9-19 - Appropriation
There is hereby appropriated out of the General State Fund to the Department of Law and Public Safety for the purpose of this act...
- Section 56:10-1 - Short Title
This act shall be known and may be cited as the "Franchise Practices Act." L.1971, c. 356, s. 1, eff. Dec. 21, 1971.
- Section 56:10-2 - Legislative Findings.
2.The Legislature finds and declares that distribution and sales through franchise arrangements in the State of New Jersey vitally affects the general economy of...
- Section 56:10-3 - Definitions.
3.As used in this act: a."Franchise" means a written arrangement for a definite or indefinite period, in which a person grants to another person...
- Section 56:10-4 - Application Of Act
4. This act applies only: a. to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a...
- Section 56:10-5 - Termination Of Franchise; Notice; Grounds
It shall be a violation of this act for any franchisor directly or indirectly through any officer, agent, or employee to terminate, cancel, or...
- Section 56:10-6 - Transfer Of Franchise; Notice; Approval; Agreement Of Compliance
It shall be a violation of this act for any franchisee to transfer, assign or sell a franchise or interest therein to another person...
- Section 56:10-6.1 - Violations Of The "Franchise Practices Act."
1.It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.): a.For a franchisor to transfer, assign, or sell an...
- Section 56:10-6.2 - Inapplicability Of Act To Certain Distributors.
2.The provisions of P.L.2009, c.63 (C.56:10-6.1 et seq.) pertaining to franchisors shall not apply to any distributor which owns or otherwise controls through lease,...
- Section 56:10-6.3 - Inapplicability Of Act Relative To Family Members.
3.The provisions of P.L.2009, c.63 (C.56:10-6.1 et seq.) shall not apply to the sale, transfer, or assignment of one or more franchise premises from...
- Section 56:10-6.4 - Severability.
4.If any provision of P.L.2009, c.63 (C.56:10-6.1 et seq.) or the application of any such provision to any person or circumstance should be held...
- Section 56:10-7 - Prohibited Practices.
7.It shall be a violation of this act for any franchisor, directly or indirectly, through any officer, agent or employee, to engage in any...
- Section 56:10-7.1 - Prohibition Of Purchase Of Alternate Motor Fuel By Franchisee; Violation
a. It shall be a violation of the act to which this act is a supplement for any franchisor, directly or indirectly, through any...
- Section 56:10-7.2 - Findings, Declarations
The Legislature hereby finds and declares the following: a. Notwithstanding the enactment of the "Franchise Practices Act," P.L. 1971, c. 356 (C. 56:10-1 et...
- Section 56:10-7.3 - Prohibited Conditions, Terms Of Franchise.
2. a. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.) for a motor vehicle franchisor to require...
- Section 56:10-7.4 - Additional Practices Prohibited.
5.It shall be a violation of P.L.1971, c.356 (C.56:10-1 et seq.) for any motor vehicle franchisor, directly or indirectly, through any officer, agent or...
- Section 56:10-8 - Application Of Act To Prior Grants Of Franchises
This act shall not apply to a franchise granted prior to the effective date of this act, provided, however, that a renewal of a...
- Section 56:10-9 - Action Against Franchisor; Defenses
It shall be a defense for a franchisor, to any action brought under this act by a franchisee, if it be shown that said...
- Section 56:10-10 - Action Against Franchisor; Damages; Injunction; Costs
Any franchisee may bring an action against its franchisor for violation of this act in the Superior Court of the State of New Jersey...
- Section 56:10-11 - Severability
If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other...
- Section 56:10-12 - Limitation Of Liability Of Franchisor, Its Officers, Agents Or Employees For Furnishing Information
No liability on the part of and no cause of action of any nature other than as provided by this act shall arise against...
- Section 56:10-13 - Definitions
1. For the purposes of this act: "Motor vehicle franchisor" means a franchisor engaged in the business of manufacturing or assembling new motor vehicles,...
- Section 56:10-13.1 - Violations Concerning Relocations
2. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.) for any motor vehicle franchisor, directly or indirectly,...
- Section 56:10-13.2 - Repurchase Of Certain Vehicles And Equipment On Termination, Cancellation Or Nonrenewal.
3.Within 90 days of the termination, cancellation or nonrenewal of a motor vehicle franchise as provided for in section 5 of P.L.1971, c.356 (C.56:10-5),...
- Section 56:10-13.3 - Violations Related To Termination, Cancellation Or Nonrenewal.
4. a. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.) for any motor vehicle franchisor, directly or...
- Section 56:10-13.4 - Discontinuation Of A Series Or Line, Effective Termination
5. For the purposes of sections 3 and 4 of this 1991 amendatory and supplementary act, and section 5 of the "Franchise Practices Act,"...
- Section 56:10-13.5 - Interest On Overdue Payments
6. If a motor vehicle franchisor fails to make any payment required by this 1991 amendatory and supplementary act within the time specified for...
- Section 56:10-13.6 - Violations By Franchisor
5. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.), for a motor vehicle franchisor to exercise a...
- Section 56:10-13.7 - Exceptions To Violations By Franchisor, "Acquiring Transferee" Defined
6. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.), for a motor vehicle franchisor to exercise a...
- Section 56:10-14 - Indemnification And Holding Harmless Franchisees By Franchisors For Claims And Damages Due Third Parties
All motor vehicle franchisors shall indemnify and hold harmless their motor vehicle franchisees from any and all claims, losses, damages, and expenses, including attorneys'...
- Section 56:10-15 - Reimbursement For Services Or Parts Under Warranty Or Law.
3.If any motor vehicle franchise shall require or permit motor vehicle franchisees to perform services or provide parts in satisfaction of a warranty issued...
- Section 56:10-16 - Definitions.
1. a. "Committee" means the Motor Vehicle Franchise Committee established in section 2 of this act; b."Franchise" means a written arrangement for a definite...
- Section 56:10-17 - Motor Vehicle Franchise Committee
There is established in the Executive Branch of the State Government a committee which shall be known as the Motor Vehicle Franchise Committee. The...
- Section 56:10-18 - Conditions For Franchise.
3.A motor vehicle franchisor may grant, relocate, reopen or reactivate a franchise or establish, relocate, reopen or reactivate a business, for the purpose of...
- Section 56:10-19 - Notice To Existing Franchisee, Protest, Appeal.
4.A motor vehicle franchisor shall give its existing franchisees in the same line make within 20 miles of the proposed location for the proposed...
- Section 56:10-20 - Rights Of Franchisor.
5.The provisions of sections 3 and 4 of P.L.1982, c.156 (C.56:10-18 and 56:10-19) notwithstanding, a motor vehicle franchisor may: a.Permit an existing franchisee to...
- Section 56:10-21 - Hearing On Protest.
6.The hearing referred to in section 4 of P.L.1982, c.156 (C.56:10-19) shall be conducted as a contested case in accordance with the provisions of...
- Section 56:10-22 - Motion For Determination That Final Determination Will Favor Franchisee; Prohibition Of Action By Franchisor
When a protest has been filed, as provided for in this act, the franchisee may move for a determination by the committee that a...
- Section 56:10-23 - Factors For Consideration If Proposed Franchise Will Harm Public Interest.
8. a. The grant, reopening or reactivation of a franchise or establishment, or the reopening or reactivation of a business shall be deemed injurious...
- Section 56:10-24 - Parties Responsible For Own Costs
In any administrative proceeding under this act, each party shall be responsible for his own litigation costs and attorney fees. The committee shall assess...
- Section 56:10-25 - Rules And Regulations
The committee may promulgate such rules and regulations as are necessary to implement the provisions of this act. L.1982, c. 156, s. 10, eff....
- Section 56:10-26 - Definitions.
1.As used in this act: "Consumer" means the purchaser, other than for resale, of a motor vehicle. "Franchise" means a written arrangement for a...
- Section 56:10-27 - Sales Through Franchises Only.
2.Except as provided pursuant to section 6 of P.L.2015, c.24 (C.56:10-27.1), it shall be a violation of this act for any motor vehicle franchisor,...
- Section 56:10-27.1 - Sale Of Zero Emission Vehicle.
6.Notwithstanding the provisions of any law, rule or regulation to the contrary, a motor vehicle franchisor licensed pursuant to R.S.39:10-19 on or prior to...
- Section 56:10-28 - Prohibition Of Ownership By Franchisor.
3.Except as provided pursuant to section 6 of P.L.2015, c.24 (C.56:10-27.1), it shall be a violation of this act for a motor vehicle franchisor,...
- Section 56:10-29 - Action By Franchisee
A motor vehicle franchisee may bring an action against the motor vehicle franchisor which has granted its franchise, or any other person, in the...
- Section 56:10-30 - Actions, Alternate Dispute Resolution Proceedings Relative To Franchise Termination.
12. a. Upon timely institution of an action or alternate dispute resolution proceeding to enjoin the termination of a motor vehicle franchise on the...
- Section 56:10-31 - Request For Additional Information By Franchisor.
13.If a motor vehicle franchisor desires information about a transaction or a proposed transferee, in addition to that provided with the notice of intent...
- Section 56:11-1 - Definitions
As used in this act: "Consumer" means a natural person. "Creditor" means a person, partnership, corporation, association or other entity who, in the ordinary...
- Section 56:11-2 - Inapplicability Of Act To Statements Of Accounts Of Public Utilities
This act shall not apply to statements of accounts rendered to customers by public utilities whose billing practices are subject to the jurisdiction and...
- Section 56:11-3 - Written Notice Of Billing Error By Consumer; Acknowledgment By Creditor; Prohibition Of Communication On Claimed Billing Error
If a creditor, having transmitted to a consumer a statement of the consumer's account, receives from the consumer at an address designated therefor by...
- Section 56:11-4 - Transmittal Of Statements Of Account; Collections
Notwithstanding the receipt by a creditor of a notice from a consumer as described in section 3 of this act, a creditor may, subject...
- Section 56:11-5 - Address Of Creditor On Statements Of Account
Every statement of account rendered by a creditor to a consumer shall include the address to be used by the consumer in making inquiries...
- Section 56:11-6 - Written Notice Of Procedures To Consumers By Creditors
In the case of any account under a consumer credit plan having an outstanding debit or credit balance of more than $1.00 at or...
- Section 56:11-7 - Failure To Comply; Penalty
Any creditor, having received a notice from a consumer as provided in section 3 of this act, who fails to comply with the requirements...
- Section 56:11-8 - Conduct In Compliance With Fair Credit Billing As Compliance With This Act
With respect to any inconsistencies between the provisions of this act and the "Fair Credit Billing Act" (Public Law 93-495, 58 Stat. 1511) comprising...
- Section 56:11-9 - Liability Of Creditor
The liability of a creditor under this act is in lieu of, and not in addition to, the creditor's liability under the Federal Fair...
- Section 56:11-16 - Definitions
As used in this act: "Consumer" means a natural person. "Credit card" means any instrument or device, whether known as a credit card, credit...
- Section 56:11-17 - Personal Identification Information Not Required For Credit Card Transaction
No person which accepts a credit card for a consumer transaction shall require the credit card holder, as a condition of using a credit...
- Section 56:11-18 - Violations, Penalties
Any person who violates any provision of this act shall be liable to a civil penalty of not more than $250 for the first...
- Section 56:11-19 - Regulations
The Attorney General of the State of New Jersey may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to...
- Section 56:11-20 - Definitions
1.As used in this act: "Charge card" means a credit card on an account for which no periodic rate is used to compute a...
- Section 56:11-21 - Accentance Of Checks For Consumer Transactions; Cashing Checks
2. a. No person who receives a check in payment of an obligation resulting from a consumer transaction or who cashes a check for...
- Section 56:11-22 - Violations, Penalty
3. Any person who violates any provision of this act shall be liable to a civil penalty of not more than $250 for a...
- Section 56:11-23 - Regulations
4. The Attorney General of the State of New Jersey may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),...
- Section 56:11-24 - Credit Card Transctions Forms By Issuers
1. Any person, firm, partnership, association or corporation which issues forms used exclusively for credit card transactions between the credit cardholder and seller shall...
- Section 56:11-25 - Credit Card Transaction Forms By Accepters
2. a. Any person, firm, partnership, association or corporation which accepts credit cards used exclusively for credit card transactions shall only use credit card...
- Section 56:11-26 - Violations, Fines
3. A violation of section 1 of this act shall be punishable by a civil fine not to exceed $1,000. A violation of section...
- Section 56:11-27 - Injunctive Relief
4. Whenever there shall be a violation of this act an application may be made by the Attorney General in the name of the...
- Section 56:11-28 - Short Title.
1. This act shall be known and may be cited as the "New Jersey Fair Credit Reporting Act." L.1997,c.172,s.1.
- Section 56:11-29 - Findings, Declarations Relative To Consumer Credit Reports.
2. The Legislature finds and declares that: a. Recent amendments to the federal "Fair Credit Reporting Act," enacted as the "Consumer Credit Reporting Reform...
- Section 56:11-30 - Definitions Relative To Consumer Credit Reports.
3.As used in this act: "Adverse action" has the same meaning as in subsection (k) of section 603 of the federal "Fair Credit Reporting...
- Section 56:11-31 - Furnishing Of Consumer Report; Permissible Circumstances.
4. a. A consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order...
- Section 56:11-32 - Procedures Designed To Limit Furnishing Of Consumer Reports.
5. a. Every consumer reporting agency shall maintain reasonable procedures designed to limit the furnishing of consumer reports to the purposes listed under section...
- Section 56:11-33 - Procurement, Preparation Of Investigative Consumer Report.
6. a. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless: (1) It is clearly...
- Section 56:11-34 - Disclosure To Consumer.
7. Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: a. All information...
- Section 56:11-35 - Time, Notice For Making Disclosures.
8. a. A consumer reporting agency shall make the disclosures required under section 7 of this act during normal business hours and on reasonable...
- Section 56:11-36 - Dispute Of Information; Reinvestigation.
9. a. (1) If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is...
- Section 56:11-37 - Imposition Of Charge On Consumer; Exceptions
10. a. Except as provided in subsections b., c., d. and e. of this section, a consumer reporting agency may impose a reasonable charge...
- Section 56:11-38 - Willful Noncompliance; Liability.
11. a. Any person who willfully fails to comply with any requirement imposed under this act with respect to any consumer is liable to...
- Section 56:11-39 - Negligent Noncompliance; Liability.
12. a. Any person who is negligent in failing to comply with any requirement imposed under this act with respect to any consumer is...
- Section 56:11-40 - Obtaining Information Under False Pretenses, Fourth Degree Crime.
13. Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be guilty of...
- Section 56:11-41 - Enforcement Agency.
14. a. Pursuant to subsection (c) of section 621 of the federal "Fair Credit Reporting Act," 15 U.S.C. s.1681s, the Division of Consumer Affairs...
- Section 56:11-42 - Electronic Printing Of Credit Card Numbers On Sales Receipts, Regulated.
1.No retail sales establishment shall print electronically more than the last five digits of a customer's credit card account number or the expiration date...
- Section 56:11-43 - Rules, Regulations.
2.The Attorney General of the State of New Jersey shall adopt those rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1...
- Section 56:11-44 - Short Title.
1.This act shall be known and may be cited as the "Identity Theft Prevention Act." L.2005,c.226,s.1.
- Section 56:11-45 - Findings, Declarations Relative To Identity Theft.
2.The Legislature finds and declares that: a.The crime of identity theft has become one of the major law enforcement challenges of the new economy,...
- Section 56:11-46 - Election Of Placement Of Security Freeze On Consumer Report, Procedure.
5. a. A consumer may elect to place a security freeze on his consumer report by: (1)making a request in writing by certified mail...
- Section 56:11-47 - Actions Of Consumer Reporting Agency Relative To Security Freeze.
6.If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report...
- Section 56:11-48 - Inapplicability Of Sections 4 Through 9 Of Act Of Resellers.
7. The provisions of sections 4 through 9 of this amendatory and supplementary act shall not apply to a consumer reporting agency that acts...
- Section 56:11-49 - Entities Not Required To Place Security Freeze In Consumer Report.
8.The following entities are not required to place a security freeze in a consumer report, pursuant to section 5 of this amendatory and supplementary...
- Section 56:11-50 - Noncompliance, Liability.
9. a. Any person who willfully fails to comply with the requirements of sections 4 through 9 of this amendatory and supplementary act shall...
- Section 56:11-51 - Denial, Reduction Of Credit To Victims Of Identity Theft, Certain, Prohibited.
1. a. A creditor shall not deny credit to, or reduce the credit limit of, an individual solely because that individual was a victim...
- Section 56:11-52 - Violations, Penalties.
2.Any creditor who violates any provision of this act shall be liable for a penalty of not more than $5,000 for each violation, to...
- Section 56:12-1 - Definitions.
1.As used in this act: "Consumer contract" means a written agreement in which an individual: a.Leases or licenses real or personal property; b.Obtains credit;...
- Section 56:12-2 - Contracts To Be Written In Simple, Clear, Understandable And Easily Readable Way
A consumer contract entered into on or after the effective date of this amendatory and supplementary act shall be written in a simple, clear,...
- Section 56:12-2.1 - Cost Of Residential Construction Permits, Disclosure By Contractor; Violations, Penalties.
1. a. The final invoice regarding a consumer contract for construction or reconstruction at a residential premises shall contain a disclosure by the contractor...
- Section 56:12-3 - Failure To Comply; Liability
A creditor, seller, insurer or lessor who fails to comply with section 2 of this act shall be liable to a consumer who is...
- Section 56:12-4 - Class Actions; Limitation On Punitive Damages
Class actions may be brought under the provisions of this act, but the amount of punitive damages shall be limited to $10,000.00 against any...
- Section 56:12-4.1 - Reform Or Limit Of Provision Of Consumer Contract By Court; Findings
In addition to the remedies provided in this act, a court reviewing a consumer contract may reform or limit a provision so as to...
- Section 56:12-5 - Nonliability Conditions
There shall be no liability under sections 3 and 4 if: a. both parties to the contract have performed their obligations under the contract,...
- Section 56:12-6 - Use Of Specific Language
The use of specific language in a consumer contract required, permitted or approved by a law, regulation, rule or published interpretation of a State...
- Section 56:12-7 - Other Claims Not Precluded
This act shall not preclude a debtor, buyer, insured or lessee from making any claims which would have been available to him if this...
- Section 56:12-8 - Opinions On Compliance Of Consumer Contracts; Review By Attorney General; Certification; Fee
a. A creditor, seller, insurer, lessor or any person in the business of preparing and selling forms of consumer contracts may request an opinion...
- Section 56:12-8.2 - Power Of Commissioner Of Insurance To Review And Certify Insurance Contracts; Effect On Prior Certification By Attorney General
The transfer to the Commissioner of Insurance of the power and duty to review and certify contracts of insurance provided for in subsection c....
- Section 56:12-9 - Application To Dollar Limitation On Consumer Contracts; Nonapplication To Real Estate Or Insurance Contracts
This act shall not apply to consumer contracts involving amounts of more than $50,000.00, but no dollar limitation shall apply to consumer contracts involving...
- Section 56:12-10 - Guidelines
a. To insure that a consumer contract shall be simple, clear, understandable and easily readable, the following are examples of guidelines that a court,...
- Section 56:12-11 - Waiver Of Rights Under Act; Effect Of Violation Of Act
No consumer contract shall contain a waiver of any rights under this act. A violation of this act will not render any consumer contract...
- Section 56:12-12 - Injunctions; Attorney Fees, Court Costs.
12.The Office of the Attorney General, the Division of Consumer Affairs, the Division of Rate Counsel in, but not of, the Department of the...
- Section 56:12-13 - Severability
If any provision of this act, or its application to any person or circumstances, is held invalid, the remainder of the act and its...
- Section 56:12-14 - Short Title
This act shall be known and may be cited as the "Truth-in-Consumer Contract, Warranty and Notice Act." L.1981, c. 454, s. 1.
- Section 56:12-15 - Consumer Contract, Warranty, Notice Or Sign; Violation Of Legal Right Of Consumer Or Responsibility Of Seller, Lessor, Etc.; Prohibition; Exemptions
No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into...
- Section 56:12-16 - Provision For Waiver Of Rights Under Act; Nullity; Statement Of Provisions Void, Unenforceable Or Inapplicable In New Jersey
No consumer contract, warranty, notice or sign, as provided for in this act, shall contain any provision by which the consumer waives his rights...
- Section 56:12-17 - Violations; Civil Liability To Aggrieved Consumer; Action; Termination Of Contract
Any person who violates the provisions of this act shall be liable to the aggrieved consumer for a civil penalty of not less than...
- Section 56:12-18 - Act As Additional To Other Rights, Remedies And Prohibitions
The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of any...
- Section 56:12-29 - Findings, Intentions.
1.The Legislature finds that the purchase of a new motor vehicle is a major, high cost consumer transaction and the inability to correct defects...
- Section 56:12-30 - Definitions.
2.As used in this act: "Co-manufacturer" means, solely with respect to an authorized emergency vehicle as defined in R.S.39:1-1, any person that fabricates the...
- Section 56:12-31 - Report Of Nonconformity; Repairs.
3.If a consumer reports a nonconformity in a motor vehicle to the manufacturer, or, in the case of a motor vehicle that is an...
- Section 56:12-32 - Refunds.
4. a. If, during the period specified in section 3 of this act, the manufacturer, or, in the case of an authorized emergency vehicle,...
- Section 56:12-33 - Presumption Of Inability To Correct Nonconformity; Written Notification.
5. a. It is presumed that a manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, or...
- Section 56:12-34 - Statements To Consumers.
6. a. At the time of purchase in the State of New Jersey, the manufacturer, or, in the case of an authorized emergency vehicle,...
- Section 56:12-35 - Sale, Leasing Of Returned Motor Vehicle.
7. a. If a motor vehicle is returned to the manufacturer, or, in the case of an authorized emergency vehicle, to the manufacturer, co-manufacturer,...
- Section 56:12-36 - Informal Dispute Settlement Procedure.
8. a. If a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, has established, or participates...
- Section 56:12-37 - Dispute Resolution.
9. a. A consumer shall have the option of submitting any dispute arising under section 4 of this act to the division for resolution,...
- Section 56:12-38 - Statistics.
10. a. The Division of Consumer Affairs shall maintain an index of all motor vehicle disputes by make and model. The division shall, at...
- Section 56:12-39 - Decision Binding.
11. A consumer shall not be required to participate in a manufacturer's, or, in the case of an authorized emergency vehicle, a manufacturer's, co-manufacturer's,...
- Section 56:12-40 - Affirmative Defense.
12. It shall be an affirmative defense to a claim under this act that the alleged nonconformity does not substantially impair the use, value,...
- Section 56:12-41 - Pleading
Any party to an action in the Superior Court of this State asserting a claim, counterclaim or defense based upon violations of this act...
- Section 56:12-42 - Attorney, Expert Fees; Cost.
14. In any action by a consumer against a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing...
- Section 56:12-43 - Use Of Funds
All fees, penalties and costs collected by the division pursuant to this act shall be appropriated for purposes of offsetting costs associated with the...
- Section 56:12-44 - Inherent Design Defect.
16. A manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, shall certify to the division, within...
- Section 56:12-45 - Proceedings.
17. The director may institute proceedings against any manufacturer, or, in the case of an authorized emergency vehicle, any manufacturer, co-manufacturer, or post-manufacturing modifier,...
- Section 56:12-46 - No Liability, Cause Of Action.
18. a. Nothing in this act shall be construed as imposing any liability on a dealer or distributor, or creating a cause of action...
- Section 56:12-47 - No Limitation On Rights
Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law....
- Section 56:12-48 - Agreements Void
Any agreement entered into by a consumer for the purchase or lease of a new motor vehicle which waives, limits or disclaims the rights...
- Section 56:12-49 - Rules, Regulations
Within 120 days following enactment, the director shall, subject to approval by the Attorney General and pursuant to the provisions of the "Administrative Procedure...
- Section 56:12-60 - Short Title
1. Sections 1 through 8 and sections 11 through 14 of this act shall be known and may be cited as the "Consumer Protection...
- Section 56:12-61 - Definitions
2.As used in sections 1 through 8 and sections 11 through 14 of this act: "Adjusted capitalized cost" means the agreed upon amount which...
- Section 56:12-62 - Lease Requirements
3. Every lease: a. Shall be in writing and contain all of the terms and conditions of the lease agreement between the lessor and...
- Section 56:12-63 - Disclosures, Addendum
4. The disclosures required by subsections g. and h. of section 3 of this act may be made in the lease or in an...
- Section 56:12-64 - Compliance With Federal Requirements As Disclosure
5. Compliance with the requirements of the federal "Consumer Leasing Act of 1976," Pub. L. 94-240 (15 U.S.C. s.1667 et seq.) and Federal Reserve...
- Section 56:12-65 - Default; Death Of Lessee
6. a. If a lessee is 15 days or more in default of the periodic payments due on the lease and the lessor wishes...
- Section 56:12-66 - Appraisal For Repair Or Replacement Of Parts, Or Reduced Value
7. a. Where the lessee is liable at the end of the lease term for charges for excessive wear and damage to the motor...
- Section 56:12-67 - Credit Check On Lessee; Right To Review Contract
8. a. No leasing dealer may permit a prospective lessee to take possession of a motor vehicle subject to a lease if such lease...
- Section 56:12-68 - Consumer Awareness Program
11. The director shall implement a consumer awareness program which shall advise consumers of the requirements, protections and benefits provided by this act. L.1994,c.190,s.11.
- Section 56:12-69 - Rules And Regulations
12. The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be needed to...
- Section 56:12-70 - Violations As Unlawful Practices
14. 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. L.1994,c.190,s.14.
- Section 56:12-71 - Definitions
1. As used in this act: "Buyer" means a person who buys or leases a motor vehicle under a conditional sale contract. "Conditional sale...
- Section 56:12-72 - Restrictions On Subleasing
2. a. No person shall arrange, for compensation, the transfer, assignment or sublease of any right or interest in a motor vehicle subject to...
- Section 56:12-73 - Enforceability Of Agreements
3. This act shall not affect the enforceability of any provision of any lease contract, conditional sale contract or security agreement by any party...
- Section 56:12-74 - Violations
4. Any violation of the provisions of this act shall constitute an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2). L.1995,c.77,s.4.
- Section 56:12-75 - Definitions Relative To Motorized Wheelchairs
1. As used in this act: "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the...
- Section 56:12-76 - Manufacturer Warranty
2. A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with...
- Section 56:12-77 - Repair Of Nonconformity
3. If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the...
- Section 56:12-78 - Manufacturer's Responsibility If Nonconformity Is Irreparable
4. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall: a. At the direction of a consumer, other...
- Section 56:12-79 - Transfer Of Possession Of Motorized Wheelchair
5. In order to receive a comparable new motorized wheelchair or a refund pursuant to subsection a. of section 4 of this act, a...
- Section 56:12-80 - Obtaining A Refund
6. In order to receive a refund pursuant to subsection b. of section 4 of this act, a consumer shall: a.Offer to return the...
- Section 56:12-81 - Lease Not Enforced After Refund
7. The lease of a motorized wheelchair shall not be enforced against a consumer after the consumer receives a refund for the leased motorized...
- Section 56:12-82 - Disclosure Of Reasons For Return
8. No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this State pursuant to section 4 of this act, or by...
- Section 56:12-83 - Dispute Resolution; Application, Hearing, Procedure
9. a. After a reasonable attempt to repair, a consumer shall have the option of submitting any dispute arising under section 4 of this...
- Section 56:12-84 - Consumer's Rights Not Limited; Waivers, Void, Unenforceable
10. a. This act shall not limit rights or remedies available to a consumer under any other law. b. Any waiver by a consumer...
- Section 56:12-85 - Consumer's Recovery For Damages
11. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of...
- Section 56:12-86 - Rules, Regulations
12. The director of the Division of Consumer Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
- Section 56:12-87 - Definitions Relative To Service Contracts.
1.As used in this act: "Administrator" means a person who performs the third-party administration of a service contract, pursuant to the provisions of section...
- Section 56:12-88 - Provisions For Issuance Of Service Contracts; Exemptions.
2. a. Service contracts may be issued, offered for sale, or sold in this State only in accordance with the provisions of this act....
- Section 56:12-89 - Permitted Names For Service Contract Providers.
3.A provider of service contracts issued, offered for sale, or sold in this State, shall not use in its name the words "insurance," "casualty,"...
- Section 56:12-90 - Assurance Of Faithful Performance Required To Sell Service Contracts.
4. a. A person shall not issue, offer to sell, or sell service contracts in this State unless the provider complies with one or...
- Section 56:12-91 - Appointment Of Administrator.
5.A provider of any service contract issued, offered for sale, or sold in this State may appoint an administrator to perform the third-party administration...
- Section 56:12-92 - Requirements For Issuance Of Reimbursement Insurance Policy.
6. a. An insurer issuing a reimbursement insurance policy to a provider for any service contract issued, offered for sale, or sold in this...
- Section 56:12-93 - Contents Of Service Contract.
7.A service contract issued, offered for sale, or sold in this State shall be written in a simple, clear, understandable, and easily readable way...
- Section 56:12-94 - Receipt, Copy Of Service Contract.
8.A service contract shall not be issued, offered for sale, or sold in this State unless the provider or seller, if not the provider,...
- Section 56:12-95 - Records Kept By Provider; Contents.
9. a. A provider of any service contract issued, offered for sale, or sold in this State shall keep accurate accounts, books, papers, documents,...
- Section 56:12-96 - Violations Deemed Unlawful Practice.
10. a. A violation of any of the provisions of this act shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1...
- Section 56:13-1 - Definitions Relative To Operators Engaged In Repair Or Removal Of Inoperable, Illegally Parked Vehicles.
1.As used in this act: "Charge card" means a credit card on an account for which no periodic rate is used to compute a...
- Section 56:13-2 - Operator's Compliance With Motorist's Reasonable Repair Or Transport Request
2.An operator who either responds to a call for assistance from a motorist with an inoperable vehicle or who offers to transport or repair...
- Section 56:13-3 - Transport, Repair; Payment Rights Of Operator, Motorist.
3.If the operator cannot repair the inoperable vehicle to the satisfaction of the motorist he shall, with the motorist's consent, subject to the provisions...
- Section 56:13-4 - Acceptability Of Payment; Forms.
4. a.For services rendered, or to redeem a motor vehicle from storage, the operator shall accept in payment either cash, a check issued by...
- Section 56:13-5 - Violation, Fine
5.A violation of this act shall be punishable by a fine of $500. The second and any subsequent offense shall be punishable by a...
- Section 56:13-6 - Rules, Regulations
6.The Director of the Division of Consumer Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),...
- Section 56:13-7 - Short Title.
1.This act shall be known and may be cited as the "Predatory Towing Prevention Act." L.2007, c.193, s.1.
- Section 56:13-8 - Findings, Declarations Relative To Towing, Towing Operators.
2.The Legislature finds and declares that: a.While the majority of tow truck operators in New Jersey are reputable service providers, some unscrupulous towers are...
- Section 56:13-9 - Definitions Relative To Towing, Towing Operators.
3.As used in this act: "Basic towing service" means towing as defined in this section and other ancillary services as may be specified by...
- Section 56:13-12 - Maintenance Of Liability Insurance By Towing Company.
6. a. A towing company shall maintain liability insurance which meets or exceeds the requirements of this section, or such other amounts as the...
- Section 56:13-13 - Consent Required For Towing From Privately Owned Property.
7. a. No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not...
- Section 56:13-14 - Schedule Of Services Eligible For Charging A Fee; Reasonable Fees.
8. a. The director by regulation shall establish a schedule of private property and other non-consensual towing and related storage services for which a...
- Section 56:13-15 - Requirements For Storage Facility Used By Towing Company.
9. a. No person shall tow a motor vehicle pursuant to section 7 of P.L.2007, c.193 (C.56:13-13) to a storage facility or store such...
- Section 56:13-16 - Unlawful Practices For Towing Company.
10. It shall be an unlawful practice for any private property towing company or for any other towing company that provides non-consensual towing services:...
- Section 56:13-17 - Availability Of Records.
11. Every towing company that performs private property or other non-consensual towing shall retain and make available for inspection by the division for a...
- Section 56:13-18 - "Towing And Storage Administration And Enforcement Fund."
12.There is created in the Department of the Treasury a special dedicated, non-lapsing fund to be known as the "Towing and Storage Administration and...
- Section 56:13-19 - Rules, Regulations.
13. a. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may promulgate rules and regulations to...
- Section 56:13-20 - Effect Of Act On Local Government, Toll Road Authority Powers.
14. a. The provisions of P.L.2007, c.193 (C.56:13-7 et al.) shall not preempt any political subdivision from requiring or issuing any registration or license...
- Section 56:13-21 - Unlawful Practice, Violation.
15. 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...
- Section 56:13-22 - Severability.
25.If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to...
- Section 56:13-23 - Effective Date.
26.This act shall take effect on the 360th day following enactment, except that section 4 shall remain inoperative for 180 days following the effective...
- Section 56:14-1 - Sale Of Fur Garments Regulated.
1. a. No person shall sell or offer to sell any new coat, jacket, garment or other clothing apparel made wholly or in part...
- Section 56:14-2 - Violations, Penalties.
2.A person who violates this act shall be subject to a penalty of not more than $500 for the first offense and not more...
- Section 56:14-3 - Rules, Regulations.
3.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the...
- Section 56:15-1 - Short Title.
1.This act shall be known and may be cited as the "New Jersey Trade Secrets Act." L.2011, c.161, s.1.
- Section 56:15-2 - Definitions Relative To Misappropriation Of Trade Secrets.
2.As used in this act: "Improper means" means the theft, bribery, misrepresentation, breach or inducement of a breach of an express or implied duty...
- Section 56:15-3 - Actual, Threatened Misappropriation May Be Enjoined.
3. a. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has...
- Section 56:15-4 - Entitlement To Recovery Of Damages; Exceptions.
4. a. Except to the extent that circumstances, including a material and prejudicial change of position prior to acquiring knowledge or reason to know...
- Section 56:15-5 - Prohibited Defense.
5.A person who misappropriates a trade secret shall not use as a defense to the misappropriation that proper means to acquire the trade secret...
- Section 56:15-6 - Award To Prevailing Party.
6.The court may award to the prevailing party reasonable attorney's fees and costs, including a reasonable sum to cover the service of expert witnesses,...
- Section 56:15-7 - Preservation Of Secrecy Of Alleged Trade Secret.
7.In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means consistent with the Rules...
- Section 56:15-8 - Three-year Limitation On Action.
8.An action for misappropriation shall be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have...
- Section 56:15-9 - Rights, Remedies, Prohibitions, Additional, Cumulative; Supercedure.
9. a. The rights, remedies and prohibitions provided under this act are in addition to and cumulative of any other right, remedy or prohibition...
- Section 56:16-1 - Short Title.
3.Sections 3 through 10 of P.L.2013, c.224 (C.56:16-1 et seq.) shall be known and may be cited as the "Bill of Rights for Customers...
- Section 56:16-2 - Definitions Relative To Autobuses.
4.For the purposes of sections 3 through 9 of P.L.2013, c.224 (C.56:16-1 et seq.): "Autobus" means a privately-owned autobus operated over the public highways...
- Section 56:16-3 - Findings, Declarations Relative To Autobuses.
5.The Legislature finds and declares that: a.The residents of this State rely on a variety of passenger vehicle transportation options. The provision of safe...
- Section 56:16-4 - "Bill Of Rights For Customers Of Certain Autobuses."
6.There is created a "Bill of Rights for Customers of Certain Autobuses" which shall provide the following consumer protections, obligations of the owners and...
- Section 56:16-5 - Duties Of Director.
7.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall: a.establish a telephone number where customers may...
- Section 56:16-6 - Violations, Penalties.
8.A person who violates any of the provisions of section 6 of P.L.2013, c.224 (C.56:16-4) shall be subject to a civil penalty of $1,000...
- Section 56:16-7 - Rules, Regulations.
9.The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations, pursuant to the...
Last modified: October 11, 2016