Sponsored by:
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
SYNOPSIS
Prohibits solicitation of business based on death notices and obituaries.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning solicitation based on death notices and obituaries 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. It shall be an unlawful practice for any person, business, or entity to solicit an individual for business based on the print or electronic publication of a death notice or obituary, including from public records, of a family member or tenant residing on a property within the first 90 days of that publication.
b. A violation of this section shall be a violation of 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.) in addition to any other remedies or penalties provided by law.
c. For the purposes of this section, "family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the individual is related by blood, marriage, or adoption.
2. This act shall take effect immediately.
STATEMENT
This bill provides that it is an unlawful practice under the consumer fraud act for any person, business, or entity to solicit an individual for business based on the print or electronic publication of a death notice or obituary, including from public records, of a family member or tenant residing on a property within the first 90 days of that publication.
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 party.