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

56:8-157 Definitions relative to certain unsolicited advertisements over telephone lines. 1. As used in this act: "Existing business relationship" means a relationship formed by a voluntary two-way communication between a person or entity and a residential or business subscriber …

56:8-158 Sending unsolicited advertisement to telephone facsimile machine prohibited, exceptions. 2. a. A person within this State shall not use any telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone facsimile machine within …

56:8-159 Action by aggrieved person. 3. a. Any person aggrieved by a violation of this act may bring an action in the Superior Court in the county where the transmission was sent or was received, or in which the plaintiff resides, for damages or to enjoin further violations of th…

56:8-16. Remission of penalties In assessing any penalty under this act and the act hereby amended and supplemented, the Attorney General or his designee may provide for the remission of all or any part of such penalty conditioned upon prompt compliance with the requirements ther…

56:8-160 Violation constitutes unlawful practice. 4. A violation of this act shall constitute 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. 56:8-1 et seq.), in add…

56:8-161 Definitions relative to security of personal information. 10. As used in sections 10 through 15 of P.L.2005, c.226 (C.56:8-161 through C.56:8-166): "Breach of security" means unauthorized access to electronic files, media or data containing personal information that comp…

56:8-162 Methods of destruction of certain customer records. 11. A business or public entity shall destroy, or arrange for the destruction of, a customer's records within its custody or control containing personal information, which is no longer to be retained by the business or …

56:8-163 Disclosure of breach of security to customers. 12. a. Any business that conducts business in New Jersey, or any public entity that compiles or maintains computerized records that include personal information, shall disclose any breach of security of those computerized re…

56:8-164 Prohibited actions relative to display of social security numbers. 13. a. No person, including any public or private entity, shall: (1) Publicly post or publicly display an individual's Social Security number, or any four or more consecutive numbers taken from the indivi…

56:8-165 Regulations concerning security of personal information. 14. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Banking and Insurance, shall promulgate regulations pursuant to the "Adminis…

56:8-166 Unlawful practice, violation. 15. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to willfully, knowingly or recklessly violate sections 10 through 13 of this amendatory and supplementary act. L.2005,c.226,s.15.

56:8-166.1 Person, business, association prohibited from publishing certain information on the Internet. 3. a. (1) Upon notification pursuant to paragraph (2) of this subsection, and not later than 10 business days following receipt thereof, a person, business, or association sha…

56:8-166.10 Consumer rights, personal data. 7. a. A consumer shall have the right to: (1) confirm whether a controller processes the consumer's personal data and accesses such personal data, provided that nothing in this paragraph shall require a controller to provide the data to…

56:8-166.11 Consumer, authorized agent, opting out, processing, sale, personal data. 8. a. A consumer may designate another person to serve as the consumer's authorized agent and act on the consumer's behalf to opt out of the processing and sale of the consumer's personal data. A…

56:8-166.12 Controller, personal data, responsibilities, security. 9. a. A controller shall: (1) limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consume…

56:8-166.13 Applicability, personal data, exceptions, institutions, certain. 10. Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall apply to: a. protected health information collected by a covered entity or business associate subject to the privacy, security, and breach noti…

56:8-166.14 Controller, not required, actions, certain, relating to personal data. 11. Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall require a controller to: a. re-identify de-identified data; b. collect, retain, use, link, or combine personal data concerning a consumer…

56:8-166.15 Controller, processor, compliance. 12. a. Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall be construed to restrict a controller's or processor's ability to: (1) comply with federal or State law or regulations; (2) comply with a civil, criminal, or regulatory i…

56:8-166.16 Controllers, processors, respective obligations. 13. a. Controllers and processors shall meet their respective obligations established under P.L.2023, c.266 (C.56:8-166.4 et seq.). b. Processors shall adhere to the instructions of the controller and assist the control…

56:8-166.17 Violations. 14. a. It shall be an unlawful practice and violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a controller to violate the provisions of P.L.2023, c.266 (C.56:8-166.4 et seq.). b. Until the first day of the 18th month next following the effective date of P…

56:8-166.18 Rules, regulations. 15. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate th…

56:8-166.19 Authority, enforcement. 16. The Office of the Attorney General shall have sole and exclusive authority to enforce a violation of P.L.2023, c.266 (C.56:8-166.4 et seq.). Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall be construed as providing the basis for, or…

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…