STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
SYNOPSIS
Prohibits delivery of more than one magazine issue before billing information is obtained.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning magazine subscriptions 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. a. No person engaged in the practice of soliciting magazine subscription sales or distributing magazines through the mail by subscription for delivery in this State shall deliver more than one issue of any magazine for which payment is due, without first obtaining the consumer’s billing information.
b. Nothing contained in this section shall be construed to apply to any subscription sold by a charitable organization registered pursuant to the Charitable Registration and Investigation Act, P.L.1994, c.16 (C.45:17A-18 et seq.), or a school fundraiser.
c. Any violation of this section shall be an unlawful practice.
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill prohibits any person who solicits magazine subscription sales or distributes magazine subscriptions through the mail for delivery in this State from delivering more than one issue of any magazine for which payment is due, without first obtaining the consumer’s billing information.
The bill provides an exemption for magazine subscriptions sold by registered charitable organizations or school fundraisers.
The bill specifies that a violation would be an unlawful practice. An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.