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

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…

56:8-139 Act applicable to contractors who publicly advertise. 4. Except for businesses exempted pursuant to section 5 of P.L.2004, c.16 (C.56:8-140), any business that advertises in print or electronic media or puts out any sign or card or other device on or after December 31, 2…

56:8-14 Enforcement of penalty; process. 2. The Superior Court and every municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of the violation, within the territorial jurisdiction of the court, of any provision of …

56:8-14.1 Office of consumer affairs entitled to penalties, fines or fees. 1. In any action in a court of appropriate jurisdiction initiated by the director of any certified county or municipal office of consumer affairs, the office of consumer affairs shall be entitled, if succe…

56:8-14.2 Definitions relative to certain deceptive consumer practices. 1. As used in P.L.1999, c.129 (C.56:8-14.2 et seq.): "Fund" means the Consumer Fraud Education Fund created pursuant to section 5 of P.L.1999, c.129 (C.56:8-14.6). "Pecuniary injury" shall include, but not be…

56:8-14.3. Additional penalties for violation of C.56:8-1 et seq. 2. a. In addition to any other penalty authorized by law, a person who violates the provisions of P.L.1960, c.39 (C.56:8-1 et seq.) shall be subject to additional penalties as follows: (1) A penalty of not more tha…

56:8-14.4. Restoration of money, property given priority 3. Restoration of money or property ordered pursuant to section 2 of P.L.1966, c.39 (C.56:8-14) or section 3 of P.L.1971, c.247 (C.56:8-15) shall be given priority over imposition of the additional civil penalties authorize…

56:8-14.5 Educational program about consumer protection laws, rights. 4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Director of the Division of Aging Services in the Department of Human Services, the direc…

56:8-14.6. Consumer Fraud Education Fund 5. a. There is established in the General Fund a special fund to be known as the Consumer Fraud Education Fund. The State Treasurer shall credit to the fund all moneys received by the State for penalties assessed pursuant to section 2 of P…

56:8-14.7. Rules, regulations 6. The Director of the Division of Consumer Affairs shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the provisions of this act. L.…

56:8-140 Inapplicability of act. 5. The provisions of this act shall not apply to: a. Any person required to register pursuant to "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467(C.46:3B-1 et seq.); b. Any person performing a home improvement upon a residen…

56:8-141 Additional requirements; refusal to issue, suspend, revoke registration; grounds. 6. In addition to any other procedure, condition or information required by P.L.2004, c.16 (C.56:8-136 et seq.): a. Every applicant shall file a disclosure statement with the director stati…

56:8-142 Proof of commercial general liability insurance, cargo, other insurance, posting of bond; requirements. 7. a. On or after December 31, 2005, every registered contractor business who is engaged in home improvements shall secure, maintain and file with the director proof o…

56:8-143 Refusal to issue, renew, revocation, suspension of registration; procedures. 8. 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 for any other good cause shown within…

56:8-144 Display of registration number; requirements. 9. a. All registrants shall prominently display their registration numbers within their places of business, in all advertisements distributed within this State, on business documents, contracts and correspondence with consume…

56:8-145 Applicability of act to out-of-State contractors. 10. The provisions of this act shall apply to any person engaging in any of the activities regulated by this act in this State, including persons whose residence or principal place of business is located outside of this S…

56:8-146 Violations, fourth degree crime. 11. a. 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 P.L.2004, c.16 (C.56:8-136 et seq.). b. In addition to any other penalty provided by law, a person who knowingly violates a…

56:8-146.1 Additional penalties. 2. In addition to any other penalty provided by law, a person who or contractor business that knowingly violates section 10 of P.L.2004, c.16 (C.56:8-145) or who otherwise transfers a registration obtained pursuant to section 3 of P.L.2004, c.16 (…

56:8-148 Municipal powers preserved. 13. P.L.2004, c.16 (C.56:8-136 et seq.) shall not deny to any municipality the power to inspect a contractor business' work or equipment, the work of a contractor business that performs improvements to commercial property, or the power to regu…

56:8-149 Public information campaign, toll free number. 14. a. The director shall establish and undertake a public information campaign to educate and inform contractors, contractor businesses, and the consumers of this State of the provisions of P.L.2004, c.16 (C.56:8-136 et seq…

56:8-15 Additional penalties. 3. In addition to the assessment of civil penalties, the Attorney General or his designee may, after a hearing as provided in P.L.1967, c.97 (C.56:8-3.1) and upon a finding of an unlawful practice under this act and the act hereby amended and supplem…

56:8-150 Applicability of C.56:8-1 et seq. 15. Nothing in P.L.2004, c.16 (C.56:8-136 et seq.) shall limit the application of P.L.1960, c.39 (C.56:8-1 et seq.), or any regulations promulgated thereunder, in regard to the registration or regulation of contractors and contractor bus…

56:8-151 Contracts, certain, required to be in writing; contents. 16. a. Every home improvement contract for a purchase price in excess of $500, and all changes in the terms and conditions of the contract, shall be in writing. The contract shall be signed by all parties thereto, …

56:8-152 Rules, regulations. 17. 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.2004,c.16,s.17.

56:8-153 Definitions relative to unsolicited credit cards, checks. 1. As used in this act: "Check" means a demand draft drawn on or payable through an office of a depository institution located in the United States that has imprinted on it the account holder's name and the deposi…

56:8-154 Delivery of unsolicited credit card, unlawful practice. 2. It shall be an unlawful practice for any person to mail or otherwise deliver an unsolicited credit card to a person in this State. L.2004,c.159,s.2.