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

56:10-32 Short title. 1. Sections 1 through 5 of P.L.2025, c.140 (C.56:10-32 to 56:10-35 and C.39:3-4g) shall be known and may be cited as the “Motor Vehicle Open Recall Notice and Fair Compensation Act.” L.2025, c.140, s.1.

56:10-33 Definitions. 2. As used in sections 2 through 5 of P.L.2025, c.140 (C.56:10-33 to 56:10-35 and C.39:3-4g): “Chief administrator” means the Chief Administrator of the New Jersey Motor Vehicle Commission. “Commission” means the New Jersey Motor Vehicle Commission establish…

56:10-34 Standing, motor vehicle franchisees, corporation, association. 3. Any corporation or association that is primarily owned by or comprised of motor vehicle franchisees, which corporation or association primarily represents the interests of motor vehicle franchisees, shall …

56:10-35 Recall service, repair, insufficient part or parts necessary, compensation. 4. a. If a part or the parts necessary to perform a recall service are not reasonably available to perform a recall service or repair on a used motor vehicle held for sale by a motor vehicle fran…

56:10-4. Application of act 4. This act applies only: a. to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of New Jersey, (2) where gross sales of products or services between the fran…

56:10-5. Termination of franchise; notice; grounds It shall be a violation of this act for any franchisor directly or indirectly through any officer, agent, or employee to terminate, cancel, or fail to renew a franchise without having first given written notice setting forth all …

56:10-6. Transfer of franchise; notice; approval; agreement of compliance It shall be a violation of this act for any franchisee to transfer, assign or sell a franchise or interest therein to another person unless the franchisee shall first notify the franchisor of such intention…

56:10-6.1 Violations of the "Franchise Practices Act." 1. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.): a. For a franchisor to transfer, assign, or sell an interest in one or more franchise premises which a franchisee who purchases…

56:10-6.2 Inapplicability of act to certain distributors. 2. The provisions of P.L.2009, c.63 (C.56:10-6.1 et seq.) pertaining to franchisors shall not apply to any distributor which owns or otherwise controls through lease, fewer than 40 premises. For purposes of this section, "…

56:10-6.3 Inapplicability of act relative to family members. 3. The provisions of P.L.2009, c.63 (C.56:10-6.1 et seq.) shall not apply to the sale, transfer, or assignment of one or more franchise premises from one family member to another family member. For the purposes of this …

56:10-6.4 Severability. 4. If any provision of P.L.2009, c.63 (C.56:10-6.1 et seq.) or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of P.L.2009, c.63 (C.56:10-6.1 et seq.) and the ap…

56:10-7 Prohibited practices. 7. It shall be a violation of this act for any franchisor, directly or indirectly, through any officer, agent or employee, to engage in any of the following practices: a. To require a franchisee at time of entering into a franchise arrangement to ass…

56:10-7.1. Prohibition of purchase of alternate motor fuel by franchisee; violation a. It shall be a violation of the act to which this act is a supplement for any franchisor, directly or indirectly, through any officer, agent, or employee, to prohibit any franchisee engaged in t…

56:10-7.2. Findings, declarations 1. The Legislature hereby finds and declares the following: a. Notwithstanding the enactment of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.), and other legislation dealing with the franchisor-franchisee relationship, includi…

56:10-7.3 Prohibited conditions, terms of franchise. 2. a. It shall be a violation of the "Franchise Practices Act," P.L.1971, c.356 (C.56:10-1 et seq.) for a motor vehicle franchisor to require a motor vehicle franchisee to agree to a term or condition in a franchise, or in any …

56:10-7.4 Additional practices prohibited. 5. It shall be a violation of P.L.1971, c.356 (C.56:10-1 et seq.) for any motor vehicle franchisor, directly or indirectly, through any officer, agent or employee, to engage in any of the following practices: a. To impose unreasonable st…

56:10-8. Application of act to prior grants of franchises This act shall not apply to a franchise granted prior to the effective date of this act, provided, however, that a renewal of a franchise or an amendment to an existing franchise shall not be excluded from the application …

56:10-9. Action against franchisor; defenses It shall be a defense for a franchisor, to any action brought under this act by a franchisee, if it be shown that said franchisee has failed to substantially comply with requirements imposed by the franchise and other agreements ancill…

56:11-1. Definitions As used in this act: "Consumer" means a natural person. "Creditor" means a person, partnership, corporation, association or other entity who, in the ordinary course of business, regularly extends consumer credit. "Consumer credit" means credit extended to a c…

56:11-16. Definitions As used in this act: "Consumer" means a natural person. "Credit card" means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the credit card holder in obtaini…

56:11-17. Personal identification information not required for credit card transaction No person which accepts a credit card for a consumer transaction shall require the credit card holder, as a condition of using a credit card in completing the consumer transaction, to provide f…

56:11-18. Violations, penalties Any person who violates any provision of this act shall be liable to a civil penalty of not more than $250 for the first offense and not more than $1,000 for the second and each subsequent offense. Any penalty imposed pursuant to this section shall…

56:11-19. Regulations The Attorney General of the State of New Jersey may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.1990,c.72,s.4.

56:11-2. Inapplicability of act to statements of accounts of public utilities This act shall not apply to statements of accounts rendered to customers by public utilities whose billing practices are subject to the jurisdiction and regulation of the Board of Public Utility Commiss…

56:11-20 Definitions 1. As used in this act: "Charge card" means a credit card on an account for which no periodic rate is used to compute a finance charge. "Check" means a demand draft drawn on or payable through an office of a depository institution located in the United States…

56:11-21. Accentance of checks for consumer transactions; cashing checks 2. a. No person who receives a check in payment of an obligation resulting from a consumer transaction or who cashes a check for a consumer and which as a condition of such acceptance or the cashing of a che…

56:11-22. Violations, penalty 3. Any person who violates any provision of this act shall be liable to a civil penalty of not more than $250 for a first offense and not more than $1,000 for a second and each subsequent offense. Any penalty imposed pursuant to this section shall be…

56:11-23. Regulations 4. The Attorney General of the State of New Jersey may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act. L.1991,c.281,s.4.

56:11-24. Credit card transctions forms by issuers 1. Any person, firm, partnership, association or corporation which issues forms used exclusively for credit card transactions between the credit cardholder and seller shall only issue credit card forms which: a. are carbonless; b…

56:11-25. Credit card transaction forms by accepters 2. a. Any person, firm, partnership, association or corporation which accepts credit cards used exclusively for credit card transactions shall only use credit card forms which: (1) are carbonless; (2) after the transaction is c…

56:11-26. Violations, fines 3. A violation of section 1 of this act shall be punishable by a civil fine not to exceed $1,000. A violation of section 2 of this act, if the violation constitutes the first offense by the person shall be punishable by a civil fine not to exceed $250.…

56:11-27. Injunctive relief 4. Whenever there shall be a violation of this act an application may be made by the Attorney General in the name of the people of the State to a court having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant…

56:11-28 Short title. 1. This act shall be known and may be cited as the "New Jersey Fair Credit Reporting Act." L.1997,c.172,s.1.

56:11-29 Findings, declarations relative to consumer credit reports. 2. The Legislature finds and declares that: a. Recent amendments to the federal "Fair Credit Reporting Act," enacted as the "Consumer Credit Reporting Reform Act of 1996," (Subtitle D, Chapter 1, Pub.L.104-208),…

56:11-3. Written notice of billing error by consumer; acknowledgment by creditor; prohibition of communication on claimed billing error If a creditor, having transmitted to a consumer a statement of the consumer's account, receives from the consumer at an address designated there…

56:11-30 Definitions relative to consumer credit reports. 3. As used in this act: "Adverse action" has the same meaning as in subsection (k) of section 603 of the federal "Fair Credit Reporting Act," 15 U.S.C. s.1681a. "Consumer" means an individual. "Consumer report" (1) means a…

56:11-31 Furnishing of consumer report; permissible circumstances. 4. a. A consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena iss…

56:11-32 Procedures designed to limit furnishing of consumer reports. 5. a. Every consumer reporting agency shall maintain reasonable procedures designed to limit the furnishing of consumer reports to the purposes listed under section 4 of this act. These procedures shall require…

56:11-33 Procurement, preparation of investigative consumer report. 6. a. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless: (1) It is clearly and accurately disclosed in writing to the consumer, prior to requesting the consu…

56:11-34 Disclosure to consumer. 7. Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: a. All information in the consumer's file at the time of the request. b. The sources of the informat…

56:11-35 Time, notice for making disclosures. 8. a. A consumer reporting agency shall make the disclosures required under section 7 of this act during normal business hours and on reasonable notice. b. The disclosures required under section 7 of this act shall be made to the cons…

56:11-36 Dispute of information; reinvestigation. 9. a. (1) If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by a consumer and the consumer notifies the agency directly of the dispute, the agency …

56:11-37. Imposition of charge on consumer; exceptions 10. a. Except as provided in subsections b., c., d. and e. of this section, a consumer reporting agency may impose a reasonable charge on a consumer for: (1) making a disclosure to the consumer pursuant to section 7 of this a…

56:11-38 Willful noncompliance; liability. 11. a. Any person who willfully fails to comply with any requirement imposed under this act with respect to any consumer is liable to that consumer in an amount equal to the sum of: (1) (a) any actual damages sustained by the consumer as…

56:11-39 Negligent noncompliance; liability. 12. a. Any person who is negligent in failing to comply with any requirement imposed under this act with respect to any consumer is liable to that consumer in an amount equal to the sum of: (1) any actual damages sustained by the consu…

56:11-4. Transmittal of statements of account; collections Notwithstanding the receipt by a creditor of a notice from a consumer as described in section 3 of this act, a creditor may, subject to the provisions of section 7 of this act, transmit statements of account to the consum…