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

56:8-166.23 Violations; civil penalty. 5. A data broker, including a controller, or data collector, that sells, offers for sale, or licenses sensitive data in violation of paragraph (6) of subsection a. of section 9 of P.L.2023, c.266 (C.56:8-166.12) or section 3 of P.L.2026, c.2…

56:8-166.24 Application of provisions. 6. The provisions of this act shall be construed as applying in addition to and not in lieu of the provisions of P.L.2023, c.266 (C.56:8-166.4 et seq.). L.2026, c.25, s.6.

56:8-166.3 Construction of act. 8. This act shall be liberally construed in order to accomplish its purpose and the public policy of this State, which is to enhance the safety and security of certain public officials in the justice system, including judicial officers, law enforce…

56:8-166.4 Definitions. 1. As used in P.L.2023, c.266 (C.56:8-166.4 et seq.): "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity. For the purposes of this definition, "control" means: the ownership of, or the pow…

56:8-166.5 Applicability; consumers, personal data, control, processing. 2. Notwithstanding any State law, rule, regulation, or order to the contrary, the provisions of P.L.2023, c.266 (C.56:8-166.4 et seq.) shall only apply to controllers that conduct business in the State or pr…

56:8-166.6 Controller, consumer, privacy notice, personal data; disclosure, sale. 3. a. A controller shall provide to a consumer a reasonably accessible, clear, and meaningful privacy notice that shall include, but may not be limited to: (1) the categories of the personal data th…

56:8-166.7 Personal data; controller, verified request, consumer, response period. 4. a. A controller that receives a verified request from a consumer shall provide a response to the consumer within 45 days of the controller's receipt of the request. The controller may extend the…

56:8-166.8 Discrimination against consumer, opt out, prohibited. 5. A controller shall be prohibited from discriminating against a consumer if the consumer chooses to opt out of the processing for sale, targeted advertising, or profiling in furtherance of decisions that produce l…

56:8-166.9 Waiver of requirements, void, unenforceable. 6. A waiver of the requirements of, or an agreement that does not comply with, the provisions of P.L.2023, c.266 (C.56:8-166.4 et seq.) shall be void and unenforceable. L.2023, c.266, s.6.

56:8-167 Sale, offer of vehicle protection product by unregistered warrantor, person deemed unlawful practice. 4. a. It shall be an unlawful practice for a person to sell, or offer for sale, a vehicle protection product with a warranty issued by a warrantor that is not registered…

56:8-168 Short title. 1. This act shall be known and may be cited as the "Internet Dating Safety Act." L.2007, c.272, s.1.

56:8-169 Findings, declarations relative to Internet dating safety. 2. The Legislature finds and declares: a. Residents of this State need to be informed of the potential risks of participating in Internet dating services. There is a public safety need to disclose whether crimina…

56:8-17 Noncompliance; penalties. 5. Upon the failure of any person to comply within 10 days after service of any order of the Attorney General or his designee directing payment of penalties or restoration of moneys or property, the Attorney General may issue a certificate to the…

56:8-170 Definitions relative to Internet dating safety. 3. As used in this act: a. "Criminal background screening" means a name search for a person's criminal convictions initiated by an on-line dating service provider and conducted by one of the following means: (1) By searchin…

56:8-171 Requirements for Internet dating services. 4. An Internet dating service offering services to New Jersey members shall: a. Provide safety awareness notification that includes, at minimum, a list and description of safety measures reasonably designed to increase awareness…

56:8-172 Unlawful practices for Internet dating services. 5. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for an Internet dating service to fail to provide notice or falsely indicate that it has performed criminal background screenings in …

56:8-173 No violation to serve solely as intermediary. 6. An Internet service provider does not violate this act solely as a result of serving as an intermediary for the transmission of electronic messages between members of an Internet dating service. L.2007, c.272, s.6.

56:8-174 Rules, regulations. 7. The director, in consultation with the Attorney General and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.2007, c.272, s.7.

56:8-175 Definitions relative to prepaid telephone calling cards and services. 1. As used in this act: "Advertisement" means the attempt, directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way, to induce directly or indi…

56:8-176 Disclosure of certain information required. 2. a. Prepaid calling service providers and prepaid calling card distributors shall disclose the following information on cards or their packaging, as prescribed by the director by regulation, and in any advertising for the ser…

56:8-177 Certain cards not to be offered for sale. 3. Prepaid calling card retailers shall not sell or offer for sale any prepaid calling card that the retailer knows provides fewer minutes than the number of minutes promoted or advertised for that card, including the number of m…

56:8-178 Violation deemed unlawful practice; remedies, penalties. 4. A violation of any provision of this act shall be an unlawful practice pursuant to 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:…

56:8-179 Report to Governor, Legislature. 5. Not later than 18 months after the date of adoption of regulations implementing this act, the division shall issue a report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the activities…

56:8-18. Cease and desist order; violations; penalty Where the Attorney General or his designee, after a hearing as provided in P.L.1967, c. 97, finds that an unlawful practice has been or may be committed, he may order the person committing such unlawful practice to cease and de…

56:8-180 Rules, regulations. 6. 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. L.2007, c.293, s.6.

56:8-181 Effective date; applicability of act. 7. This act shall take effect on the first day of the seventh month next following enactment, but the director may take such anticipatory action in advance of that date as may be necessary for the timely implementation of this act. T…

56:8-185 Definitions relative to international labor matching, matchmaking organizations. 1. As used in this act: "Client" means a resident of this State for whom an international labor matching organization seeks to locate labor assistance from non-citizens residing outside the …

56:8-186 Criminal history record background checks condition for employment. 2. a. The division shall initiate criminal history record background checks of present and prospective owners and employees of an international labor matching organization or an international matchmaking…

56:8-187 Certification as qualified to own enterprise. 3. a. Every owner or prospective owner of an international labor matching organization or an international matchmaking organization shall apply to the director to be certified as qualified to own the enterprise. b. Every owne…

56:8-188 Authorization for receipt of criminal history record information. 4. a. The director is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent wi…

56:8-189 Written consent for criminal history record background check. 5. a. The division shall not initiate a criminal history record background check pursuant to this act without the written consent of the person. The consent required under this section shall be in a manner and…

56:8-19 Action, counterclaim by injured person; recovery of damages, costs. 7. Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any method, act, or practice declared unlawful under thi…

56:8-19.1 Exemption from consumer fraud law, certain real estate licensees, circumstances. 1. Notwithstanding any provision of P.L.1960, c.39 (C.56:8-1 et seq.) to the contrary, there shall be no right of recovery against a real estate broker, broker-salesperson, or salesperson l…

56:8-19.2 Seller, real property, disclose, property location, FEMA Special, Moderate Risk Flood Hazard Area, purchaser. 2. a. A seller of real property located in this State shall disclose, on the property condition disclosure statement, whether the property is located in the FEM…

56:8-190 Information provided to recruits of international matchmaking organization. 6. An international matchmaking organization conducting business in this State shall provide all recruits with the telephone numbers for the Statewide Domestic Violence Hotline and the National D…

56:8-191 Public education program. 7. The division shall develop and undertake a public education program designed to inform the citizens of this State of the provisions of this act. A component of this program shall be the establishment and maintenance of a file of certification…

56:8-192 Registration, fee. 8. The division may require an international labor matching organization or an international matchmaking organization operating in this State to register with the division and to pay an annual registration fee sufficient to defray the cost of administe…

56:8-193 Criminal history, provision required before information provided to recruit. 9. a. Upon receipt of a request for information from a recruit, an international labor matching organization or an international matchmaking organization shall refrain from providing any further…

56:8-194 Violations. 10. It is a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate a provision of this act. L.2009, c.152, s.10.

56:8-195 Rules, regulations. 11. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate and enforce rules and regulations to effectuate the purposes of this act. L.2009, c.152, s.11.

56:8-196 Definitions relative to the security of certain personal information. 1. As used in this act: "Computer" means an electronic, magnetic, optical, electrochemical or other high speed data processing device or another similar device capable of executing a computer program, …

56:8-197 Restrictions for health insurance carrier relative to certain computerized records. 2. a. A health insurance carrier shall not compile or maintain computerized records that include personal information, unless that information is secured by encryption or by any other met…

56:8-198 Violation, unlawful practice. 3. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act. L.2014, c.88, s.3.

56:8-199 Violations, unlawful practice. 2. A violation of the provisions of subsection b. or c. of section 1 of P.L.2015, c.121 (C.2C:21-7.5) shall be an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.). Each manufacture, importation, installation, reinstallati…

56:8-2. Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice. 2. The act, use or employment by any person of any commercial practice that is unconscionable or abusive, deception, fraud, false pretense, false promise, misrepresen…

56:8-2.1. Operation simulating governmental agency as unlawful practice. It shall be an unlawful practice for any person to operate under a name or in a manner which wrongfully implies that such person is a branch of or associated with any department or agency of the Federal Gove…