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

56:12-102 Allowing service contracts to be paused, canceled upon service recipients' admission to certain long-term care facilities. 1. a. A service provider doing business in this State shall allow a service recipient to pause and, as may be applicable, cancel a contract for tel…

56:12-11. Waiver of rights under act; effect of violation of act No consumer contract shall contain a waiver of any rights under this act. A violation of this act will not render any consumer contract void or voidable, or serve as a defense in an action to enforce the consumer co…

56:12-12 Injunctions; attorney fees, court costs. 12. The Office of the Attorney General, the Division of Consumer Affairs, the Division of Rate Counsel in, but not of, the Department of the Treasury, the Commissioner of Banking and Insurance, in regard to contracts of insurance …

56:12-13. Severability If any provision of this act, or its application to any person or circumstances, is held invalid, the remainder of the act and its application to other persons or circumstances shall not be affected. L.1980, c. 125, s. 13, eff. Oct. 16, 1980.

56:12-14. Short title This act shall be known and may be cited as the "Truth-in-Consumer Contract, Warranty and Notice Act." L.1981, c. 454, s. 1.

56:12-15. Consumer contract, warranty, notice or sign; violation of legal right of consumer or responsibility of seller, lessor, etc.; prohibition; exemptions No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective co…

56:12-16. Provision for waiver of rights under act; nullity; statement of provisions void, unenforceable or inapplicable in New Jersey No consumer contract, warranty, notice or sign, as provided for in this act, shall contain any provision by which the consumer waives his rights …

56:12-16.1 Consumer contract relative to motor vehicle; right of consumer to make statements; violations, penalties. 1. a. Notwithstanding the provisions of P.L.1981, c.454 (C.56:12-14 et seq.) or any other law to the contrary, and in addition to any other remedy available under …

56:12-17. Violations; civil liability to aggrieved consumer; action; termination of contract Any person who violates the provisions of this act shall be liable to the aggrieved consumer for a civil penalty of not less than $100.00 or for actual damages, or both at the election of…

56:12-18. Act as additional to other rights, remedies and prohibitions The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, Federal la…

56:12-18.1 Motor vehicle dealer, possession, consumer, resale, lease, delete consumer's personal information; violations, penalties; definitions. 1. a. Whenever a motor vehicle dealer takes possession of a motor vehicle from a consumer for the purpose of resale or lease, the moto…

56:12-2. Contracts to be written in simple, clear, understandable and easily readable way A consumer contract entered into on or after the effective date of this amendatory and supplementary act shall be written in a simple, clear, understandable and easily readable way. In deter…

56:12-2.1 Cost of residential construction permits, disclosure by contractor; violations, penalties. 1. a. The final invoice regarding a consumer contract for construction or reconstruction at a residential premises shall contain a disclosure by the contractor of the cost of cons…

56:12-29 Findings, intentions. 1. The Legislature finds that the purchase of a new motor vehicle is a major, high cost consumer transaction and the inability to correct defects in these vehicles creates a major hardship and an unacceptable economic burden on the consumer. It is t…

56:12-2a Consumer contracts for services, definition. 1. a. A consumer contract for a service offered by a company shall apply solely to the service offered by the company and purchased by the consumer. The consumer contract shall not contain provisions that allow or require the …

56:12-3. Failure to comply; liability A creditor, seller, insurer or lessor who fails to comply with section 2 of this act shall be liable to a consumer who is a party to the consumer contract for actual damages sustained, if the violation caused the consumer to be substantially …

56:12-30 Definitions. 2. As used in this act: "Co-manufacturer" means, solely with respect to an authorized emergency vehicle as defined in R.S.39:1-1, any person that fabricates the authorized emergency vehicle utilizing a component or components of a new motor vehicle made by a…

56:12-31 Report of nonconformity; repairs. 3. If a consumer reports a nonconformity in a motor vehicle to the manufacturer, or, in the case of a motor vehicle that is an authorized emergency vehicle, the manufacturer, co-manufacturer or post-manufacturing modifier, or its dealer …

56:12-32 Refunds. 4. a. If, during the period specified in section 3 of this act, the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, of that part of the motor vehicle containing the nonconformit…

56:12-33 Presumption of inability to correct nonconformity; written notification. 5. a. It is presumed that a manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, or its dealer or distributor, is unab…

56:12-34 Statement to consumers. 6. a. At the time of purchase in the State of New Jersey, the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, through its dealer or distributor, or at the time of…

56:12-34.1 Provision of notice relative to vehicle warranty. 2. a. Within 90 days after the purchase or lease of a new motor vehicle in the State of New Jersey, the motor vehicle manufacturer, distributor, or factory branch shall mail to the buyer or lessee a written statement, p…

56:12-35 Sale, leasing of returned motor vehicle. 7. a. If a motor vehicle is returned to the manufacturer, or, in the case of an authorized emergency vehicle, to the manufacturer, co-manufacturer, or post-manufacturing modifier, under the provisions of this act or a similar stat…

56:12-36 Informal dispute settlement procedure. 8. a. If a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, has established, or participates in, an informal dispute settlement procedure pursuant to …

56:12-37 Dispute resolution. 9. a. A consumer shall have the option of submitting any dispute arising under section 4 of this act to the division for resolution, including, in the case of an authorized emergency vehicle, a dispute between a manufacturer, co-manufacturer, or post-…

56:12-38 Statistics. 10. a. The Division of Consumer Affairs shall maintain an index of all motor vehicle disputes by make and model. The division shall, at six-month intervals, compile and maintain statistics indicating the record of manufacturer compliance, or, in the case of a…

56:12-39 Decision binding. 11. A consumer shall not be required to participate in a manufacturer's, or, in the case of an authorized emergency vehicle, a manufacturer's, co-manufacturer's, or post-manufacturing modifier's, informal dispute settlement procedure or the division's s…

56:12-4. Class actions; limitation on punitive damages Class actions may be brought under the provisions of this act, but the amount of punitive damages shall be limited to $10,000.00 against any one seller, lessor, insurer or creditor and the amount of attorney's fees may not ex…

56:12-4.1. Reform or limit of provision of consumer contract by court; findings In addition to the remedies provided in this act, a court reviewing a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that: a. a material provision of the…

56:12-40 Affirmative defense. 12. It shall be an affirmative defense to a claim under this act that the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorize…

56:12-41. Pleading Any party to an action in the Superior Court of this State asserting a claim, counterclaim or defense based upon violations of this act shall mail a copy of the initial or responsive pleading containing the claim, counterclaim or defense to the Attorney General…

56:12-42 Attorney, expert fees; cost. 14. In any action by a consumer against a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, brought in Superior Court or in the division pursuant to the provisio…

56:12-43. Use of funds All fees, penalties and costs collected by the division pursuant to this act shall be appropriated for purposes of offsetting costs associated with the handling and resolution of consumer automotive complaints. L. 1988, c. 123, s. 15.

56:12-44 Inherent design defect. 16. A manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, shall certify to the division, within one year of discovery, the existence of any inherent design defect commo…

56:12-45 Proceedings. 17. The director may institute proceedings against any manufacturer, or, in the case of an authorized emergency vehicle, any manufacturer, co-manufacturer, or post-manufacturing modifier, who fails to comply with any of the provisions of this act. L.1988, c.…

56:12-46 No liability, cause of action. 18. a. Nothing in this act shall be construed as imposing any liability on a dealer or distributor, or creating a cause of action by a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or pos…

56:12-47. No limitation on rights Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law. L. 1988, c. 123, s. 19..

56:12-48 Agreements void. 20. Any agreement entered into by a consumer for the purchase or lease of a new motor vehicle , or subsequent repair of a nonconformity in relation thereto, which waives, limits or disclaims the rights set forth in P.L.1988, c.123 (C.56:12-29 et seq.), o…

56:12-49. Rules, regulations Within 120 days following enactment, the director shall, subject to approval by the Attorney General and pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary t…

56:12-49.1 Consumer's right to make certain statements; violations, penalties. 3. a. Notwithstanding the provisions of P.L.1988, c.123 (C.56:12-29 et seq.) or any other law to the contrary, and in addition to any other remedy available under law, an agreement for the purchase or …

56:12-5. Nonliability conditions There shall be no liability under sections 3 and 4 if: a. both parties to the contract have performed their obligations under the contract, b. the creditor, seller, insurer or lessor attempts in good faith to comply with this act in preparing the …

56:12-6. Use of specific language The use of specific language in a consumer contract required, permitted or approved by a law, regulation, rule or published interpretation of a State or Federal agency shall not violate this act. L.1980, c. 125, s. 6, eff. Oct. 16, 1980.

56:12-60. Short title 1. Sections 1 through 8 and sections 11 through 14 of this act shall be known and may be cited as the "Consumer Protection Leasing Act." L.1994,c.190,s.1.

56:12-61 Definitions 2. As used in sections 1 through 8 and sections 11 through 14 of this act: "Adjusted capitalized cost" means the agreed upon amount which serves as the basis for determining the periodic lease payment and a portion of the lessee's early termination liability,…

56:12-62. Lease requirements 3. Every lease: a. Shall be in writing and contain all of the terms and conditions of the lease agreement between the lessor and the lessee and shall be signed by the lessor and lessee; b. Shall state the names and addresses of all parties, and the ph…

56:12-63. Disclosures, addendum 4. The disclosures required by subsections g. and h. of section 3 of this act may be made in the lease or in an addendum to the lease. If the required disclosures are made in an addendum to the lease, the addendum shall refer to the lease, and shal…