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

56:8-100 Posting of information by dealer representing food to be halal. 3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal, shall disclose the basis upon which that representation is made by posting the information required by …

56:8-101 Reliance on representation, good faith, defense. 4. Any person subject to the requirements of section 3 of this act shall not have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person relied in good faith upon the represent…

56:8-102 Possession of food implies intent to sell. 5. Possession by a dealer of any food not in conformance with the disclosure required by section 3 of this act with respect to that food is presumptive evidence that the person is in possession of that food with the intent to se…

56:8-103 Compliance required by dealer in regard to food represented as halal. 6. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal shall comply with all requirements of the director, including, but not limited to, recordkeeping, lab…

56:8-104 Definitions relative to certain loans for senior citizens. 1. For the purposes of this act: "Home solicitation" means any transaction made at the consumer's primary residence, except those transactions initiated by the consumer. A consumer response to an advertisement is…

56:8-105 Certain home improvement loans unlawful. 2. It shall be an unlawful practice for a person to make a home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improve…

56:8-106 Immunity from liability for third party, exception. 3. A third party shall not be liable for an unlawful practice under section 2 of this act unless there was an agency relationship between the person who engaged in the home solicitation and the third party. L.2000,c.125…

56:8-107 Findings, declarations relative to excessive price increases at certain times. 1. The Legislature finds and declares that during emergencies and major disasters, including, but not limited to, earthquakes, fires, floods or civil disturbances, some merchants have taken un…

56:8-108 Definitions relative to excessive price increases at certain times. 2. As used in this act: "Excessive price increase" means a price that is excessive as compared to the price at which the consumer good or service was sold or offered for sale by the seller in the usual c…

56:8-109 Unlawful practice to sell merchandise at excessive price during emergency. 3. It shall be an unlawful practice for any person to sell or offer to sell within 30 days after the declaration of a state of emergency, or for such other period of time as the Governor may speci…

56:8-11. Costs in actions or proceedings brought by attorney general In any action or proceeding brought under the provisions of this act, the Attorney General shall be entitled to recover costs for the use of this State. L.1960, c. 39, p. 142, s. 11.

56:8-110 Gift certificate, card, validity, terms, required; definitions. 1. a. A gift certificate or gift card sold after the effective date of this amendatory act shall retain full unused value until presented in exchange for merchandise, or shall have any and all conditions and…

56:8-110.1 Gift card fraud; detection, prevention; employee training; definitions. 1. a. Every retail mercantile establishment in this State that displays gift cards for sale shall train employees on how to identify and respond to gift card fraud. A retail mercantile establishmen…

56:8-110.2 Guidelines from the Division of Consumer Affairs. 2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Attorney General, shall issue guidelines concerning the detection and prevention of gift card frau…

56:8-110.3 Division of Consumer Affairs, Internet notice, gift card scam information. 10. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall create and make available on its Internet website a notice to customers of retail mercant…

56:8-111 Rules, regulations. 2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act. L.…

56:8-112 Violations deemed unlawful practice. 3. It is 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.2002,c.14,s.3.

56:8-113. Short title 1. This act shall be known and may be cited as the "Safety Professional Truth in Advertising Act." L.2002,c.50,s.1.

56:8-114. Findings, declarations realtive to qualification of safety professionals 2. The Legislature finds and declares that it is necessary to provide assurance to the public that individuals holding any safety certification have met certain qualifications. L.2002,c.50,s.2.

56:8-115 Definitions relative to qualifications of safety professionals 3. As used in this act: "Safety profession" means the science and art concerned with the preservation of human and material resources through the systematic application of principles drawn from such disciplin…

56:8-116 Certification by safety professional certification organization required 4. It shall be an unlawful practice for any person to advertise or hold himself out as possessing a professional safety certification from a safety professional certification organization unless tha…

56:8-117 Motor vehicle window tinting, informing customer of State restrictions; required. 1. It shall be an unlawful practice for a person engaged in the retail sale and installation of motor vehicle window tinting materials or film to: a. Sell any such material or film without …

56:8-118. Rules, regulations; public information program 2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall: a. Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rul…

56:8-119. Findings, declarations relative to telemarketing calls 1. a. The Legislature finds and declares that telemarketing calls: (1) Have interrupted the public's privacy, family life and home sanctity with unsolicited phone calls to sell products and services; (2) Cannot be s…

56:8-12. Partial invalidity If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, a…

56:8-120. Definitions relative to telemarketing calls 2. As used in this act: "Customer" means an individual who is a resident of this State and a prospective recipient of a telemarketing sales call. "Director" means the Director of the Division of Consumer Affairs in the Departm…

56:8-121. Unsolicited telemarketing calls prohibited, telemarketer registration required; fee 3. a. A person shall not make or cause to be made, or attempt to make or cause to be made, an unsolicited telemarketing sales call to a customer in the State of New Jersey unless that pe…

56:8-122. Additional requirements for registration 4. In addition to any other procedure, condition or information required by this act: a. Every applicant for registration shall file a disclosure statement with the director stating whether the applicant has been convicted of any…

56:8-123. Refusal to issue, renew; revocation of license 5. a. The director may refuse to issue or renew, and may revoke, any registration for failure to comply with, or violation of, the provisions of this act or any regulation promulgated pursuant to this act. A refusal or revo…

56:8-124. Registration number to remain property of State 6. a. Any registration number issued by the director shall remain the property of the State and shall be immediately returned to the director upon its suspension, non-renewal or revocation pursuant to this act. b. The issu…

56:8-125. Reporting of change in information 7. Any material change in any information filed with the director pursuant to this act shall be reported in writing to the director within 30 business days of the change. L.2003,c.76,s.7.

56:8-126. Maintenance of bond by registrant 8. a. The director may establish that any person required to be registered pursuant to this act maintain a bond issued by a surety authorized to transact business in this State. The principal sum of the bond shall not be less than $25,0…

56:8-127. Establishment, maintenance of no telemarketing call list, use of national registry 9. The division shall establish and maintain a no telemarketing call list and may utilize for this purpose, in any manner the director deems appropriate, the national do-not-call registry…

56:8-128 Requirements relative to telemarketing sales calls. 10. a. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer whose telephone number is included on the no telemarketing call list established pursuant to section 9 of…

56:8-129. Inclusion on list, notice to customers of existence of list, updating; directory information 11. a. A customer who desires to be included on the no telemarketing call list shall notify the division by calling a toll-free number provided or denominated by the division, o…

56:8-13 Penalties. 1. Any person who violates any of the provisions of the act to which this act is a supplement shall, in addition to any other penalty provided by law, be liable to a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second…

56:8-130 Prohibited practices; "commercial mobile service," "commercial mobile service device" defined. 12. a. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to a commercial mobile service device of any customer, except that a telemarke…

56:8-131. Construction of act 13. Nothing in this act shall be construed to restrict any right which a person may have under any other statute or at common law. L.2003,c.76,s.13.

56:8-132. Violations, penalties; exceptions 14. A violation of any provision of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3), except that a person may …

56:8-133. "Consumer Protection Fund" 15. There is hereby established in the General Fund a special dedicated, non-lapsing fund to be known as the "Consumer Protection Fund," which shall be administered by the State Treasurer. The State Treasurer shall deposit into the "Consumer P…

56:8-134. Rules, regulations 16. The division, 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 necessary to implement this act, which shall include, but not be limited to: a. provisions…

56:8-135. Information not considered government record 17. Information submitted to the division by a customer pursuant to the provisions of this act shall not be a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government record…

56:8-136 Short title. 1. P.L.2004, c.16 (C.56:8-136 et seq.) shall be known and may be cited as the "Contractors' Business Registration Act." L.2004, c.16, s.1; amended 2023, c.237, s.25.

56:8-137 Definitions relative to home improvement contractors. 2. As used in P.L.2004, c.16 (C.56:8-136 et seq.): "Board" means the New Jersey State Board of Home Improvement and Home Elevation Contractors. "Contractor" means an individual providing home improvement or home eleva…

56:8-138 Registration for contractors; application, fee. 3. a. No contractor business shall offer to perform, or engage, or attempt to engage in the business of making or selling home improvements unless registered with the Division of Consumer Affairs in accordance with the prov…

56:8-138.2 Home elevation contractors, rules, regulations; fees; penalties. 1. a. In addition to complying with the other requirements of the "Contractors' Business Registration Act," P.L.2004, c.16 (C.56:8-136 et seq.), no business shall offer to perform, or engage, or attempt t…