Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires printed advertisements to bear the word “advertisement.”
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transmission of printed advertising materials 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. For the purposes of this section:
“Advertisement” means any written, printed, or photographic material that markets the commercial availability or quality of any property, goods, or services, which is transmitted to any person without that person's prior express invitation or permission.
b. A person within this State shall not transmit an advertisement to any person unless the material to be sent bears the word “ADVERTISEMENT” prominently displayed in capital letters at the top of the first page, and on the outside of any envelope, if applicable.
c. A violation of the provisions of this section is an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill amends the consumer fraud act, P.L.1960, c.39 (C.56:8-1, et seq.) to provide that unsolicited, printed advertisements are required to include the word “advertisement” in order to alert consumers that the materials are not official documentation from a government agency or other organization, which compels them to act.
Companies advertising through the mail often employ tactics such as patterning printed advertisements after legal notices or official recall documents in order to catch the attention of consumers. These materials can be confusing and can induce consumers to purchase goods or services they may not otherwise have purchased. In order to protect consumers from predatory advertising practices, this bill provides that a person within this State may not transmit an advertisement to any other person unless the material to be sent bears the word “ADVERTISEMENT” prominently displayed in capital letters at the top of the first page, and on the outside of any envelope, if applicable.
For purposes of the bill, “advertisement” is defined as, “any written, printed, or photographic material that markets the commercial availability or quality of any property, goods, or services, which is transmitted to any person without that person's prior express invitation or permission.”
A violation of the provisions of the bill constitutes an unlawful practice under the consumer fraud act. An unlawful practice 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. Additionally, violations 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.