Apparently a few members of the legislature weren’t paying attention last week when Gov. Christie conditionally vetoed three bills for tacking on provisions to the state’s Consumer Fraud Act. This week two bills were introduced that would do exactly the same sort of thing that those previous bills were vetoed for.

 

A3899 – “Do Not Mail” List

Sponsor: Andrzejczak (D-1)

Summary: Would create a “do not mail” list to prohibit certain commercial solicitations from being sent to residents of the state. A violation of the bill’s provisions would be considered an unlawful practice under the Consumer Fraud Act, subject to a maximum fine of $10,000 for a first offense and a maximum fine of $20,000 for the second and each subsequent offense.

Status: Introduced in the Assembly, 11.13.14.

 

A3892 – “Free Means Free Act”

Sponsors: Mainor (D-31), Moriarty (D-4) &  Diegnan (D-18)

Summary: Would prohibit the advertising of any product as free, or offering for sale or selling any product at no cost, if it is not ultimately free. A violation of the bill’s provisions would be considered an unlawful practice under the Consumer Fraud Act, subject to a maximum fine of $10,000 for a first offense and a maximum fine of $20,000 for the second and each subsequent offense. Violations can also result in a cease and desist order issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.

Status: Introduced in the Assembly, 11.13.14.

 

Whether there is a need for this sort of legislation or not, putting enforcement of it under the NJ Consumer Fraud Act is unwise. The Act has been twisted over the years so that it now serves more as a way for attorneys to make a tidy profit than it does for consumers to get a quick and easy solution when they have a complaint about a business’s practices. Consumers would be better served if the bill simply provided a way for them to file a complaint with the New Jersey Division of Consumer Affairs rather than incentivizing litigation.

 

Click here to learn more about New Jersey’s Consumer Fraud Act and its need for reform.