Title 56, Title 56: TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

56:12-68. Consumer awareness program 11. The director shall implement a consumer awareness program which shall advise consumers of the requirements, protections and benefits provided by this act. L.1994,c.190,s.11.

56:12-69. Rules and regulations 12. The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be needed to effectuate the purposes of this act. L.1994,c.190,s.12.

56:12-7. Other claims not precluded This act shall not preclude a debtor, buyer, insured or lessee from making any claims which would have been available to him if this act were not in effect. L.1980, c. 125, s. 7, eff. Oct. 16, 1980.

56:12-70. Violations as unlawful practices 14. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any provision of this act. L.1994,c.190,s.14.

56:12-71. Definitions 1. As used in this act: "Buyer" means a person who buys or leases a motor vehicle under a conditional sale contract. "Conditional sale contract" means any contract for the leasing of a motor vehicle between a buyer and a seller, with or without accessories, …

56:12-72. Restrictions on subleasing 2. a. No person shall arrange, for compensation, the transfer, assignment or sublease of any right or interest in a motor vehicle subject to a lease contract, conditional sale contract or security agreement unless the transfer, assignment or s…

56:12-73. Enforceability of agreements 3. This act shall not affect the enforceability of any provision of any lease contract, conditional sale contract or security agreement by any party thereto. L.1995,c.77,s.3.

56:12-74. Violations 4. Any violation of the provisions of this act shall constitute an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2). L.1995,c.77,s.4.

56:12-75. Definitions relative to motorized wheelchairs 1. As used in this act: "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobi…

56:12-76. Manufacturer warranty 2. A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall…

56:12-77. Repair of nonconformity 3. If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair deale…

56:12-78. Manufacturer's responsibility if nonconformity is irreparable 4. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall: a. At the direction of a consumer, other than a consumer who leases a motorized wheelchair from a motori…

56:12-79. Transfer of possession of motorized wheelchair 5. In order to receive a comparable new motorized wheelchair or a refund pursuant to subsection a. of section 4 of this act, a consumer shall offer to transfer possession of the motorized wheelchair having the nonconformity…

56:12-8. Opinions on compliance of consumer contracts; review by attorney general; certification; fee a. A creditor, seller, insurer, lessor or any person in the business of preparing and selling forms of consumer contracts may request an opinion from the Attorney General, or the…

56:12-8.2. Power of commissioner of insurance to review and certify insurance contracts; effect on prior certification by Attorney General The transfer to the Commissioner of Insurance of the power and duty to review and certify contracts of insurance provided for in subsection c…

56:12-80. Obtaining a refund 6. In order to receive a refund pursuant to subsection b. of section 4 of this act, a consumer shall: a. Offer to return the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer sh…

56:12-81. Lease not enforced after refund 7. The lease of a motorized wheelchair shall not be enforced against a consumer after the consumer receives a refund for the leased motorized wheelchair pursuant to subsection b. of section 4 of this act. L.1995,c.233,s.7.

56:12-82. Disclosure of reasons for return 8. No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this State pursuant to section 4 of this act, or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, shall b…

56:12-83. Dispute resolution; application, hearing, procedure 9. a. After a reasonable attempt to repair, a consumer shall have the option of submitting any dispute arising under section 4 of this act to the director for resolution. The director may establish a filing fee, to be …

56:12-84. Consumer's rights not limited; waivers, void, unenforceable 10. a. This act shall not limit rights or remedies available to a consumer under any other law. b. Any waiver by a consumer of rights under this act shall be void and unenforceable. L.1995,c.233,s.10.

56:12-85. Consumer's recovery for damages 11. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this act. The court shall award to a consumer who prevails in an action brought pursuant to this section twic…

56:12-86. Rules, regulations 12. The director of the Division of Consumer Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be needed to effectuate the purposes of this act. L.1995,c.233,s.12…

56:12-87 Definitions. 1. As used in this act: "Administrator" means a person who performs the third-party administration of a service contract, pursuant to the provisions of section 5 of P.L.2013, c.197 (C.56:12-91), on behalf of a provider. "Consumer" means a natural person who …

56:12-88 Provisions for issuance of service contracts; exemptions. 2. a. Service contracts may be issued, offered for sale, or sold in this State only in accordance with the provisions of this act. b. The following shall be exempt from the provisions of this act: (1) warranties; …

56:12-89 Permitted names for service contract providers. 3. A regulated entity that provides or administers service contracts in this State, shall not use in its name, products, descriptions of products, advertisements, or any other materials the words "insurance," "casualty," "s…

56:12-9. Application to dollar limitation on consumer contracts; nonapplication to real estate or insurance contracts This act shall not apply to consumer contracts involving amounts of more than $50,000.00, but no dollar limitation shall apply to consumer contracts involving rea…

56:12-90 Assurance of faithful performance required to sell service contracts. 4. a. Except as otherwise provided in subsection d. of this section, a person shall not provide or administer service contracts in this State unless the person complies with one or more of the followin…

56:12-91 Appointment of administrator. 5. A provider of any service contract issued, offered for sale, or sold in this State may appoint an administrator to perform the third-party administration of any contract, which shall include, but not be limited to: a. maintaining the acco…

56:12-92 Requirements for issuance of reimbursement insurance policy. 6. a. An insurer issuing a reimbursement insurance policy to a provider for any service contract issued, offered for sale, or sold in this State shall: (1) be deemed to have received the premium for the insuran…

56:12-93 Contents of service contract. 7. A service contract issued, offered for sale, or sold in this State shall be written in a simple, clear, understandable, and easily readable way and shall contain the requirements set forth in this section, as applicable: a. the provider's…

56:12-93.1 Service contract for certain leased motor vehicle, maintenance not to exceed cost of vehicle. 2. In the case of a service contract that provides for leased motor vehicle excess wear and use protection, as defined in section 1 of P.L.2013, c.197 (C.56:12-87), the contra…

56:12-94 Receipt, copy of service contract. 8. A service contract shall not be issued, offered for sale, or sold in this State unless the provider or seller, if not the provider, presents: a. a receipt for, or other written evidence of, the purchase of the service contract to the…

56:12-95 Records kept by provider; contents. 9. a. A provider of any service contract issued, offered for sale, or sold in this State shall keep accurate accounts, books, papers, documents, and other records concerning the activities and transactions regulated under this act. b. …

56:12-95.1 Regulated entity, disclosure of information, certain. 4. A regulated entity shall disclose, in a manner and form prescribed by the director the following: a. the identities of all of the principals of the regulated entity and, if applicable, of any parent company or ot…

56:12-95.2 Service contract not offered by public entity, disclosure of information, certain. 5. a. A service contract that is not offered by a public utility but which is advertised by any entity, including an entity affiliated with a public utility, using a public utility's tra…

56:12-95.3 Service contract, requirement for registering with division, renewal. 6. a. A person shall not provide or administer a service contract in this State, unless the person has registered with the division. b. The registration application and renewal shall be on a form pro…

56:12-95.4 Publication of non-confidential information, regulated entity registered, required to register. 7. The division may publish any non-confidential information regarding any regulated entity registered, or required to be registered, under section 6 of P.L.2022, c.91 (C.56…

56:12-95.5 Written, electronic notification of automatic renewal provision. 8. a. A provider that provides any service to a consumer pursuant to a service contract the term of which is a specified period of 12 months or longer and that automatically renews for a specified period …

56:12-96 Violations deemed unlawful practice. 10. a. A violation of any of the provisions of this act shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.). b. In order to enforce the provisions of this act, the director may conduct examinations of an…

56:12-97 Definitions relative to direct broadcast satellite and telecommunications service. 5. As used in section 6 of P.L.2017, c.378 (C.56:12-98): "Bundle contract" means the provision of direct broadcast satellite service and telecommunications service to a residential custome…

56:12-98 Opting out of contracts without penalty for victims of domestic violence. 6. A provider of direct broadcast satellite service shall allow a residential customer who is under contract with the provider, including but not limited to, a bundle contract or multi-year contrac…

56:12-99 Definitions relative to certain service contracts. 1. As used in P.L.2019, c.188 (C.56:12-99 et seq.): "Cable television service" shall have the same meaning as provided in section 3 of P.L.1972, c.186 (C.48:5A-3). "Commercial mobile service" shall have the same meaning …