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

56:8-3.1. Violations; penalty Upon receiving evidence of any violation of the provisions of chapter 39 of the laws of 1960, the Attorney General, or his designee, is empowered to hold hearings upon said violation and upon finding the violation to have been committed, to assess a …

56:8-30 Bond required to engage in business of reselling tickets as a ticket broker. 5. The director shall require the applicant for a certificate of registration to engage in the business of reselling tickets as a ticket broker to file with the application a bond in the amount o…

56:8-31. Revocation or suspension of license The director, after notice to the licensee and reasonable opportunity for the licensee to be heard, may revoke his license or may suspend his license for any period which the director deems proper, upon satisfactory proof that the lice…

56:8-32. Display of license; copies Immediately upon the receipt of the license issued pursuant to this act, the licensee shall display and maintain his license in a conspicuous place in his principal office for reselling tickets. He shall request copies of the license from the d…

56:8-33 Notification to purchaser of price of ticket, reselling of tickets limited. 8. a. The seller of a ticket shall notify a ticket purchaser of the purchase price of a ticket prior to the purchase of that ticket from that ticket seller by that purchaser. b. No reseller other …

56:8-34 Reselling of tickets prohibited in certain areas; reselling regulated. 9. a. No person shall resell or purchase with the intent to resell any ticket, in or on any street, highway, driveway, sidewalk, parking area, or common area owned by a place of entertainment in this S…

56:8-35 Special treatment prohibited. 10. Any person who gives or offers anything of value to an employee of a place of entertainment, in that employee's individual capacity, and not in that employee's capacity as an employee, in exchange for, or as an inducement to, special trea…

56:8-35.4 Use of digger unlawful. 12. It shall be an unlawful practice for a person to use a digger to acquire any ticket. L.2001,c.394,s.12.

56:8-35.5. Definitions relative to Internet ticket sales 1. a. As used in this section:"Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, which is assigned through centralized Internet naming authorities and which is comprised o…

56:8-36. Rules and regulations 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 necessary to implement this act. L.1983, c. 135, s. 11.

56:8-37 Violations; penalties. 12. a. Any person who violates P.L.1983, c.135 (C.56:8-26 et seq.) shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). b. In addition to any other penalty provided by law, any person who violates a…

56:8-38. Nonprofit or political organizations; application of act The provisions of this act shall not apply to any person who sells, raffles or otherwise disposes of the ticket for a bona fide nonprofit or political organization when the premium proceeds are devoted to the lawfu…

56:8-39. Definitions As used in this act: a. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. b. "Health club" means an establishment which devotes or will devote 40% or more of its square footage to providing services …

56:8-4. Additional powers. 4. a. To accomplish the objectives and to carry out the duties prescribed by this act, the Attorney General, in addition to other powers conferred upon him by this act, may issue subpoenas to any person, administer an oath or affirmation to any person, …

56:8-40. Registration Each person who sells or offers for sale health club services in this State shall register with the director on forms the director provides. The registration shall be renewed every two years. Upon the sale of the health club facility or a change in the major…

56:8-41. Security a. A person who sells or offers for sale health club services shall, for each health club facility operated in the State, maintain a bond issued by a surety authorized to transact business in this State or maintain an irrevocable letter of credit by a bank or ma…

56:8-42. Health club services contract; definitions. 4. a. Every contract for health club services shall be in writing. A copy of the written contract shall be given to the buyer at the time the buyer signs the contract. b. A health club services contract shall specifically set f…

56:8-42.1 Subscription service provider, health club services, online termination; definitions. 1. a. A subscription service provider selling subscription services online shall provide a consumer with an online option to initiate the termination of the subscription service entere…

56:8-43. Right of action a. A health club services contract shall not require the execution of any note or series of notes by the buyer which, if separately negotiated, will cut off as to third parties any right of action or defense which the buyer has against the health club. b.…

56:8-44. 25% limit A health club may not charge and accept a down payment exceeding 25% of the total contract price prior to opening the health club facility. L. 1987, c. 238, s. 6.

56:8-45. Contracts voidable a. Any health club services contract entered into in reliance upon any fraudulent or substantially and willfully false or misleading information, representation, notice or advertisement of the health club is voidable at the option of the buyer of the c…

56:8-46. Violation 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. 1987, c. 238, s. 8.

56:8-47. Nonapplicability The provisions of this act shall not apply to any nonprofit public or private school, college or university; the State or any of its political subdivisions; or any bona fide nonprofit, religious, ethnic, or community organization. L. 1987, c. 238, s. 9.

56:8-48. Rules, regulations The director shall adopt pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act. L. 1987, c. 238, s. 10.

56:8-49. Definitions 1. As used in this act: "Dealer" means a person who sells a toy or other article intended for use by children at retail. A dealer who sells at wholesale a toy or article subject to this act shall, with respect to that sale, be considered the distributor of th…

56:8-5. Service of notice by attorney general. Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made personally within this State, but if such cannot be obtained, substituted service therefo…

56:8-50. Notice of defect or hazard in children's products to director 2. Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S. Consumer Product Safety Commission, is required to give public notice with regard to a defect or hazard in any …

56:8-51. Dealer display of notification 3. A dealer who is notified by a manufacturer, a distributor or the U.S. Consumer Product Safety Commission of a defective or hazardous toy or other article intended for use by children shall prominently display that notification for at lea…

56:8-52. Inspection program; regulations 4. a. The director shall establish an inspection program to insure that dealers in toys and other articles intended for use by children comply with section 3 of this section. The director also shall periodically publish and disseminate to …

56:8-53. Allocation of penalty monies 5. The monies collected as penalties for violations of this act shall be allocated to the Division of Consumer Affairs in the Department of Law and Public Safety. L.1991,c.295,s.5.

56:8-53.1 Definitions relative to child product safety. 1. As used in this act: "Child" means a person less than 14 years of age. "Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high cha…

56:8-53.2 Unlawful practices relative to children's products deemed unsafe. 2. a. It shall be an unlawful practice for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a childre…

56:8-53.3 Duties of Division of Consumer Affairs; immunity from liability. 3. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall: (1) create, maintain, and update a comprehensive list of children's products that have been identified as meeting an…

56:8-53.4 Retrofitting of children's products. 4. A children's product deemed unsafe in accordance with P.L.2007, c.124 (C.56:8-53.1 et al.) as a result of a recall or warning issued by a federal agency, may be retrofitted by the manufacturer if the retrofit has been approved by …

56:8-53.5 Rules, regulations. 6. a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, may adopt rules and regulations to effectuate the purposes of sec…

56:8-54. Application of consumer fraud act to information services 1. An information service constitutes a service within the term "merchandise" as defined in P.L.1960, c.39 (C.56:8-1 et seq.), and the provisions of that law concerning the advertisement and sale of merchandise sh…

56:8-55. Definitions 2. For the purposes of this act: "Automatic dialing device" means equipment capable of being programmed to randomly or sequentially dial seven-digit or ten-digit telephone numbers and, upon connection, play back a pre-recorded message. "Information service" m…

56:8-56. Unlawful practice without disclosures required 3. a. It shall be an unlawful practice for a person to advertise or sell an information service unless the following information is clearly and conspicuously disclosed in all advertisements offering the information service: …

56:8-57. Unlawful practices 4. It shall be an unlawful practice for a person to advertise or sell an information service that involves: a. Advertisement through use of an automatic dialing device; b. Access to the information service through use of signals or tones provided direc…

56:8-58. Blocking of telephone access 5. The Board of Public Utilities is directed to adopt rules and regulations providing a procedure whereby a subscriber, or the legal representative, guardian, or personal representative of a subscriber may request the telephone company to blo…

56:8-59. Rules, regulations, fees 6. Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs may adopt regulations as authorized in section 3 of P.L.1991, c.416 (C.56:8-56) and as oth…

56:8-6. Failure or refusal to file statement or report or obey subpoena issued by attorney general; punishment. If any person shall fail or refuse to file any statement or report, or obey any subpoena issued by the Attorney General, the Attorney General may apply to the Superior …

56:8-60. Injunctive relief, restraints on income 7. In addition to powers exercised by the Attorney General pursuant to the provisions of section 8 of P.L.1960, c.39 (C.56:8-8) or any other law, when it shall appear to the Attorney General that an information service provider is …

56:8-61. Short title 1. This act shall be known and may be cited as the "Kosher Food Consumer Protection Act." L.1994,c.138,s.1.

56:8-62. Definitions 2. As used in this act: "Dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as kosher. This shall include, but not be limited to, manufacturers, slaughterhouses, wholesalers, stores, resta…

56:8-63. Posting of kosher information 3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be kosher or kosher for Passover, shall disclose the basis upon which that representation is made by posting the information required by the direct…