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

56:12-4.1. Reform or limit of provision of consumer contract by court; findings In addition to the remedies provided in this act, a court reviewing a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that: a. a material provision of the…

56:12-40 Affirmative defense. 12. It shall be an affirmative defense to a claim under this act that the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorize…

56:12-41. Pleading Any party to an action in the Superior Court of this State asserting a claim, counterclaim or defense based upon violations of this act shall mail a copy of the initial or responsive pleading containing the claim, counterclaim or defense to the Attorney General…

56:12-42 Attorney, expert fees; cost. 14. In any action by a consumer against a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, brought in Superior Court or in the division pursuant to the provisio…

56:12-43. Use of funds All fees, penalties and costs collected by the division pursuant to this act shall be appropriated for purposes of offsetting costs associated with the handling and resolution of consumer automotive complaints. L. 1988, c. 123, s. 15.

56:12-44 Inherent design defect. 16. A manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, shall certify to the division, within one year of discovery, the existence of any inherent design defect commo…

56:12-45 Proceedings. 17. The director may institute proceedings against any manufacturer, or, in the case of an authorized emergency vehicle, any manufacturer, co-manufacturer, or post-manufacturing modifier, who fails to comply with any of the provisions of this act. L.1988, c.…

56:12-46 No liability, cause of action. 18. a. Nothing in this act shall be construed as imposing any liability on a dealer or distributor, or creating a cause of action by a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or pos…

56:12-47. No limitation on rights Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law. L. 1988, c. 123, s. 19..

56:12-48 Agreements void. 20. Any agreement entered into by a consumer for the purchase or lease of a new motor vehicle , or subsequent repair of a nonconformity in relation thereto, which waives, limits or disclaims the rights set forth in P.L.1988, c.123 (C.56:12-29 et seq.), o…

56:12-49. Rules, regulations Within 120 days following enactment, the director shall, subject to approval by the Attorney General and pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary t…

56:12-49.1 Consumer's right to make certain statements; violations, penalties. 3. a. Notwithstanding the provisions of P.L.1988, c.123 (C.56:12-29 et seq.) or any other law to the contrary, and in addition to any other remedy available under law, an agreement for the purchase or …

56:12-5. Nonliability conditions There shall be no liability under sections 3 and 4 if: a. both parties to the contract have performed their obligations under the contract, b. the creditor, seller, insurer or lessor attempts in good faith to comply with this act in preparing the …

56:12-6. Use of specific language The use of specific language in a consumer contract required, permitted or approved by a law, regulation, rule or published interpretation of a State or Federal agency shall not violate this act. L.1980, c. 125, s. 6, eff. Oct. 16, 1980.

56:12-60. Short title 1. Sections 1 through 8 and sections 11 through 14 of this act shall be known and may be cited as the "Consumer Protection Leasing Act." L.1994,c.190,s.1.

56:12-61 Definitions 2. As used in sections 1 through 8 and sections 11 through 14 of this act: "Adjusted capitalized cost" means the agreed upon amount which serves as the basis for determining the periodic lease payment and a portion of the lessee's early termination liability,…

56:12-62. Lease requirements 3. Every lease: a. Shall be in writing and contain all of the terms and conditions of the lease agreement between the lessor and the lessee and shall be signed by the lessor and lessee; b. Shall state the names and addresses of all parties, and the ph…

56:12-63. Disclosures, addendum 4. The disclosures required by subsections g. and h. of section 3 of this act may be made in the lease or in an addendum to the lease. If the required disclosures are made in an addendum to the lease, the addendum shall refer to the lease, and shal…

56:12-64. Compliance with federal requirements as disclosure 5. Compliance with the requirements of the federal "Consumer Leasing Act of 1976," Pub. L. 94-240 (15 U.S.C. s.1667 et seq.) and Federal Reserve Board Regulation M, 12 CFR s.213, to the extent that they are substantiall…

56:12-65. Default; death of lessee 6. a. If a lessee is 15 days or more in default of the periodic payments due on the lease and the lessor wishes to declare a default and cancel or terminate the lease, the lessor shall personally deliver to the lessee or send by first class, cer…

56:12-66. Appraisal for repair or replacement of parts, or reduced value 7. a. Where the lessee is liable at the end of the lease term for charges for excessive wear and damage to the motor vehicle, the lease (or the addendum) shall contain a statement that the lessee may obtain …

56:12-67. Credit check on lessee; right to review contract 8. a. No leasing dealer may permit a prospective lessee to take possession of a motor vehicle subject to a lease if such lease is contingent upon the approval of the lessee's credit unless the lessee is provided with, and…

56:12-68. Consumer awareness program 11. The director shall implement a consumer awareness program which shall advise consumers of the requirements, protections and benefits provided by this act. L.1994,c.190,s.11.

56:12-69. Rules and regulations 12. The director shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be needed to effectuate the purposes of this act. L.1994,c.190,s.12.

56:12-7. Other claims not precluded This act shall not preclude a debtor, buyer, insured or lessee from making any claims which would have been available to him if this act were not in effect. L.1980, c. 125, s. 7, eff. Oct. 16, 1980.

56:12-70. Violations as unlawful practices 14. 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 this act. L.1994,c.190,s.14.

56:12-71. Definitions 1. As used in this act: "Buyer" means a person who buys or leases a motor vehicle under a conditional sale contract. "Conditional sale contract" means any contract for the leasing of a motor vehicle between a buyer and a seller, with or without accessories, …

56:12-72. Restrictions on subleasing 2. a. No person shall arrange, for compensation, the transfer, assignment or sublease of any right or interest in a motor vehicle subject to a lease contract, conditional sale contract or security agreement unless the transfer, assignment or s…

56:12-73. Enforceability of agreements 3. This act shall not affect the enforceability of any provision of any lease contract, conditional sale contract or security agreement by any party thereto. L.1995,c.77,s.3.

56:12-74. Violations 4. Any violation of the provisions of this act shall constitute an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2). L.1995,c.77,s.4.

56:12-75. Definitions relative to motorized wheelchairs 1. As used in this act: "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobi…

56:12-76. Manufacturer warranty 2. A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall…

56:12-77. Repair of nonconformity 3. If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair deale…

56:12-78. Manufacturer's responsibility if nonconformity is irreparable 4. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall: a. At the direction of a consumer, other than a consumer who leases a motorized wheelchair from a motori…

56:12-79. Transfer of possession of motorized wheelchair 5. In order to receive a comparable new motorized wheelchair or a refund pursuant to subsection a. of section 4 of this act, a consumer shall offer to transfer possession of the motorized wheelchair having the nonconformity…

56:12-8. Opinions on compliance of consumer contracts; review by attorney general; certification; fee a. A creditor, seller, insurer, lessor or any person in the business of preparing and selling forms of consumer contracts may request an opinion from the Attorney General, or the…

56:12-8.2. Power of commissioner of insurance to review and certify insurance contracts; effect on prior certification by Attorney General The transfer to the Commissioner of Insurance of the power and duty to review and certify contracts of insurance provided for in subsection c…

56:12-80. Obtaining a refund 6. In order to receive a refund pursuant to subsection b. of section 4 of this act, a consumer shall: a. Offer to return the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer sh…

56:12-81. Lease not enforced after refund 7. The lease of a motorized wheelchair shall not be enforced against a consumer after the consumer receives a refund for the leased motorized wheelchair pursuant to subsection b. of section 4 of this act. L.1995,c.233,s.7.

56:12-82. Disclosure of reasons for return 8. No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this State pursuant to section 4 of this act, or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, shall b…

56:12-83. Dispute resolution; application, hearing, procedure 9. a. After a reasonable attempt to repair, a consumer shall have the option of submitting any dispute arising under section 4 of this act to the director for resolution. The director may establish a filing fee, to be …

56:12-84. Consumer's rights not limited; waivers, void, unenforceable 10. a. This act shall not limit rights or remedies available to a consumer under any other law. b. Any waiver by a consumer of rights under this act shall be void and unenforceable. L.1995,c.233,s.10.

56:12-85. Consumer's recovery for damages 11. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this act. The court shall award to a consumer who prevails in an action brought pursuant to this section twic…

56:12-86. Rules, regulations 12. The director of the Division of Consumer Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be needed to effectuate the purposes of this act. L.1995,c.233,s.12…

56:12-87 Definitions. 1. As used in this act: "Administrator" means a person who performs the third-party administration of a service contract, pursuant to the provisions of section 5 of P.L.2013, c.197 (C.56:12-91), on behalf of a provider. "Consumer" means a natural person who …

56:12-88 Provisions for issuance of service contracts; exemptions. 2. a. Service contracts may be issued, offered for sale, or sold in this State only in accordance with the provisions of this act. b. The following shall be exempt from the provisions of this act: (1) warranties; …