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

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…

56:8-2.10. Acts constituting misrepresentation of identity of food The identity of said food or food products shall be deemed misrepresented if: a. Its description is false or misleading in any particular; b. Its description omits information which by its omission renders the des…

56:8-2.11. Violations; liability Any person violating the provisions of the within act shall be liable for a refund of all moneys acquired by means of any practice declared herein to be unlawful. L.1979, c. 347, s. 3.

56:8-2.12. Recovery of refund in private action The refund of moneys herein provided for may be recovered in a private action or by such persons authorized to initiate actions pursuant to P.L.1975, c. 376 (C. 40:23-6.47 et seq.). L.1979, c. 347, s. 4.

56:8-2.13. Cumulation of rights and remedies; construction of act The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of any other right, remedy or prohibition accorded by the common law or statutes …

56:8-2.14. Short title This act shall be known and may be cited as the "Refund Policy Disclosure Act." L.1982, c. 29, s. 1.

56:8-2.15. Definitions As used in this act: a. "Merchandise" means any objects, wares, goods, commodities, or any other tangible items offered, directly or indirectly, to the public for sale. b. "Proof of purchase" means a receipt, bill, credit card slip, or any other form of evi…

56:8-2.16. Posting of signs; locations Every retail mercantile establishment shall conspicuously post its refund policy as to all merchandise on a sign in at least one of the following locations: a. Attached to the item itself, or b. Affixed to each cash register or point of sale…

56:8-2.17. Signs; contents Any sign required by section 3 of this act to be posted in retail mercantile establishments shall state whether or not it is a policy of such establishment to give refunds and, if so, under what conditions, including, but not limited to, whether a refun…

56:8-2.18. Penalties; refunds or credits to buyers A retail mercantile establishment violating any provision of this act shall be liable to the buyer, for up to 20 days from the date of purchase, for a cash refund or a credit, at the buyer's option, provided that the merchandise …

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…