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

56:8-2.19. Posting of signs; exceptions The provisions of section 3 shall not apply to retail mercantile establishments or departments that have a policy of providing, for a period of not less than 20 days after the date of purchase, a cash refund for a cash purchase or providing…

56:8-2.2. Scheme to not sell item or service advertised The advertisement of merchandise as part of a plan or scheme not to sell the item or service so advertised or not to sell the same at the advertised price is an unlawful practice and a violation of the act to which this act …

56:8-2.20. Motor vehicle; perishables; custom merchandise; non-returnable merchandise; application of act This act shall not apply to sales of motor vehicles, or perishables and incidentals to such perishables, or to custom ordered, custom finished merchandise, or merchandise not…

56:8-2.21. Jurisdiction; penalties; cash refund; credit; damages a. An individual action for a violation of this act may be brought in a municipal court in whose jurisdiction the sale was made. b. In addition to the penalties provided for in section 5, a retail mercantile establi…

56:8-2.22. Copy of transaction or contract; provision to consumer It shall be an unlawful practice for a person in connection with a sale of merchandise to require or request the consumer to sign any document as evidence or acknowledgment of the sales transaction, of the existenc…

56:8-2.23. Disclosure of profit-making nature It shall be an unlawful practice for any person, other than a charitable or nonprofit organization, engaged in the business of selling used goods, wares or merchandise for profit to solicit, by telephone, by the placement of collectio…

56:8-2.25 Transaction of business under assumed name, misrepresented geographic origin, location. 1. a. It shall be an unlawful practice for any person conducting or transacting business under an assumed name and filing a certificate pursuant to R.S.56:1-2 to intentionally misrep…

56:8-2.27 Sale of baby food, non-prescription drugs, cosmetics, certain; unlawful. 1. It shall be an unlawful practice for any person to sell or offer to sell to the public: a. any non-prescription drug, infant formula or baby food, which is subject to expiration dating requireme…

56:8-2.28 Short title. 1. This act shall be known and may be cited as the "Raincheck Policy Disclosure Act." L.2006,c.59,s.1.

56:8-2.29 Definitions relative to raincheck policy disclosure. 2. As used in this act: "Advertised" means any attempt, other than by use of a price tag, catalogue or any offering for sale of a motor vehicle, to directly or indirectly induce the purchase or rental of merchandise a…

56:8-2.3 Advertising plan involving notification of winning of prize and other requirements unlawful. The notification to any person by any means, as a part of an advertising plan or scheme, that he has won a prize and requiring him to do any act, purchase any other item or submi…

56:8-2.30 Posting of raincheck policy by retail mercantile establishment. 3. Every retail mercantile establishment which issues rainchecks to consumers for the sale of advertised merchandise that is not available throughout the advertised period shall conspicuously post its rainc…

56:8-2.31 Unlawful practices by retail mercantile establishment relative to rainchecks. 4. It shall be an unlawful practice for any retail mercantile establishment which provides a raincheck for any advertised merchandise that is not available for immediate purchase to fail to: a…

56:8-2.32 Regulations. 5. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act. L.2006,c…

56:8-2.33 Discrimination against cash-paying customers prohibited; violations, penalties; exceptions. 1. a. A person selling or offering for sale goods or services at retail shall not require a buyer to pay using credit or prohibit cash as payment in order to purchase the goods o…

56:8-2.4. Advertisement of unassembled merchandise as assembled in picture or illustration; prohibition It shall be an unlawful practice for a person to advertise merchandise for sale accompanied by a picture or illustration of the merchandise in an assembled condition when it is…

56:8-2.5. Sale, attempt to sell or offer for sale of merchandise without tag or label with selling price It shall be an unlawful practice for any person to sell, attempt to sell or offer for sale any merchandise at retail unless the total selling price of such merchandise is plai…

56:8-2.6. Daily failure to tag as separate violation For the purposes of this act, each day for which the total selling price is not marked in accordance with the provisions of this act for each group of identical merchandise shall constitute a separate violation of this act and …

56:8-2.7 False representation unlawful practice. 1. It shall be an unlawful practice for any person to solicit funds or a contribution of any kind, or to sell or offer for sale any goods, wares, merchandise, or services, by telephone or otherwise, where it has been falsely repres…

56:8-2.8. "Going out of business sale" ; time limits It shall be an unlawful practice for any person to advertise merchandise for sale as a "going out of business sale" or in terms substantially similar to "going out of business sale" for a period in excess of 90 days or to adver…

56:8-2.9. Misrepresentation of identity of food in menus or advertisements of eating establishments It shall be an unlawful practice for any person to misrepresent on any menu or other posted information, including advertisements, the identity of any food or food products to any …

56:8-20. Notice to attorney general of action or defense by injured person; intervention. 8. Any party to an action asserting a claim, counterclaim or defense based upon violation of this act, or the act hereby amended or supplemented, shall electronically mail to a dedicated add…

56:8-200 Escrow agent evaluation services, charging certain fees prohibited. 1. a. It shall be an unlawful practice for any person or entity to prepare a report for use by a mortgage lender in evaluating the capacity of an escrow agent to perform real estate settlement services, …

56:8-201 Definitions relative to coin redemption machine fees. 1. As used in this act: "Coin redemption machine" means a device that accepts, sorts, and counts coins deposited by a consumer and provides the consumer with a cash refund or refundable voucher. "Operator" means any p…

56:8-202 Notice of fee required. 2. No operator shall charge a fee to a consumer for the consumer's use of a coin redemption machine unless a notice is prominently displayed on the coin redemption machine disclosing to the consumer: a. If a fee will be imposed for providing the c…

56:8-203 Violations; penalties, unlawful practice. 3. An operator in violation of section 2 of this act shall be subject to a civil penalty of up to $1,000 for a first offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," …

56:8-204 Rules, regulations. 4. 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.2015, c.267, s.4.

56:8-205 Definitions relative to motor vehicle payment assurance devices. 1. As used in this act: "Consumer" means a purchaser or lessee of a motor vehicle normally used for personal, family, or household purposes. "Creditor" means a dealer or lender, or any assignee of a dealer …

56:8-206 Installation of payment assurance device on motor vehicle. 2. a. No person other than a creditor may install or have installed a payment assurance device on a motor vehicle. b. A creditor may install or have installed a payment assurance device on a motor vehicle only if…

56:8-207 Certain baby monitors required to include security features. 1. a. A baby monitor that broadcasts audio or video through an Internet connection and is manufactured, sold, offered for sale, or distributed in this State shall: (1) provide end-to-end encryption; (2) provide…

56:8-208 Definitions relative to deed procurement services. 1. As used in this act: "Deed" means a written instrument entitled to be recorded in the office of a county recording officer which purports to convey or transfer title to a freehold interest in any lands, tenements, or …

56:8-209 Unlawful practice, violation. 2. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to: (1) use a written form of communication to solicit clients for deed procurement services unless the written form of communication …

56:8-21. Short title. This act shall be known and may be cited as the "Unit Price Disclosure Act" . L.1975, c. 242, s. 1.

56:8-210 Rules, regulations. 3. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. L.2017, c.251, s.3.

56:8-211 Leasing of dogs and cats prohibited; violations, penalties; exceptions. 1. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a pet dealer, as defined in section 2 of P.L.1999, c.336 (C.56:8-93), to enter into a: (1) contract for…

56:8-212 Definitions relative to annual report filing services. 1. As used in this act: "Annual report" means a report filed every year to the Department of the Treasury by a for-profit corporation, a non-profit corporation, limited partnership, limited liability partnership, or …

56:8-213 Unlawful practice, violation. 2. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to: (1) use a written form of communication to solicit clients for annual report filing services unless the written form of communicat…

56:8-214 Rules, regulations. 3. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. L.2019, c.488, s.3. 56:8-215 Definitions relative t…

56:8-216 Actions prohibited for online education service. 2. a. An operator of an online education service shall not knowingly: (1) use information, including covered information, created or gathered by the operator's online education service, to amass a profile about a student f…

56:8-217 Responsibilities of online education service. 3. An operator of an online education service shall: a. implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information; b. protect that information from unauthorized a…

56:8-218 Construction of act. 4. Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to prohibit an operator of an online education service from using de-identified data to: a. improve the educational products within the service owned by the operator; b. demonstrat…

56:8-219 Construction of act. 5. Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to: a. limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order; b. limit the ability of an…

56:8-22. Definitions. As used in this act: "Consumer commodity" means any merchandise, wares, article, product, comestible or commodity of any kind or class produced, distributed or offered for retail sale for consumption by individuals other than at the retail establishment, or …

56:8-220 Unlawful practice. 6. It shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) for an operator of an online education service to violate the provisions of P.L.2019, c.494 (C.56:8-215 et seq.), or any rule or regulation adopted pursuant thereto. L.20…

56:8-221 Rules, regulations. 7. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rule…

56:8-222 Findings, declarations relative to return of certain items purchased during a state of emergency. 1. a. The Legislature finds and declares that in response to the state of emergency and the public health emergency resulting from the COVID-19 pandemic, consumers have purc…