Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Requires prior written authorization for third-party charges to be placed on cellular telephone bills.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning third-party charges on cellular telephone bills and supplementing P.L.1960, c.39 (C.56:8-1 et seq.)
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):
“Third-party vendor” means an entity not affiliated with a wireless services company that offers or sells merchandise to a consumer.
“Wireless services company” means an entity that offers or sells cellular or wireless telephone service to a person.
2. A wireless services company shall not bill a customer in this State, directly or indirectly, for merchandise offered by a third-party vendor unless that customer previously furnished that wireless services company with express written or electronic authorization permitting charges by third-party vendors to appear on the customer’s bill from the wireless services company.
3. A violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
4. The Director of the Division of Consumer Affairs, in consultation with the Board of Public Utilities, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill makes it an unlawful practice under the consumer fraud act for a wireless services company to place third-party charges on a customer’s bill without first obtaining express written authorization from the customer to place third-party charges on the customer’s bill.