Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Requires coin redemption machine operators to disclose fees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning disclosure of certain coin redemption machine fees 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 this act:
"Coin redemption machine" means a device that accepts, sorts, and counts coins deposited by a consumer and provides the consumer with a cash refund or refundable voucher.
"Operator" means any person, partnership, corporation or other organization that operates a coin redemption machine.
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 on the coin redemption machine disclosing to the consumer:
a. If a fee will be imposed for providing the coin redemption service; and
b. The amount of any fee.
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 offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A second violation of section 2 of this act is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a first offense under P.L.1960, c.39 (C.56:8-1 et seq.).
A third or subsequent violation of section 2 of this act is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a subsequent offense under P.L.1960, c.39 (C.56:8-1 et seq.).
An action to recover a penalty under this act shall not be maintained as a class action.
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 regulations necessary to effectuate the purposes of this act.
5. This act shall take
effect on the first day of the fourth month next following the date of
enactment.
STATEMENT
This bill prohibits an operator from charging a fee to a consumer for using a coin redemption machine unless a notice is prominently displayed on the coin redemption machine disclosing to the consumer whether a fee will be imposed for providing the coin redemption service and the amount of the fee.
A penalty of up to $1,000 would be imposed for a first violation of the bill’s provisions. A second violation would be an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and would be considered a first offense under the consumer fraud act. A third or subsequent violation of the bill’s provisions would be an unlawful practice under the consumer fraud act, and would be considered a subsequent offense under that act. An action to recover a penalty shall not be maintained as a class action.