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

56:12-92 Requirements for issuance of reimbursement insurance policy. 6. a. An insurer issuing a reimbursement insurance policy to a provider for any service contract issued, offered for sale, or sold in this State shall: (1) be deemed to have received the premium for the insuran…

56:12-93 Contents of service contract. 7. A service contract issued, offered for sale, or sold in this State shall be written in a simple, clear, understandable, and easily readable way and shall contain the requirements set forth in this section, as applicable: a. the provider's…

56:12-93.1 Service contract for certain leased motor vehicle, maintenance not to exceed cost of vehicle. 2. In the case of a service contract that provides for leased motor vehicle excess wear and use protection, as defined in section 1 of P.L.2013, c.197 (C.56:12-87), the contra…

56:12-94 Receipt, copy of service contract. 8. A service contract shall not be issued, offered for sale, or sold in this State unless the provider or seller, if not the provider, presents: a. a receipt for, or other written evidence of, the purchase of the service contract to the…

56:12-95 Records kept by provider; contents. 9. a. A provider of any service contract issued, offered for sale, or sold in this State shall keep accurate accounts, books, papers, documents, and other records concerning the activities and transactions regulated under this act. b. …

56:12-95.1 Regulated entity, disclosure of information, certain. 4. A regulated entity shall disclose, in a manner and form prescribed by the director the following: a. the identities of all of the principals of the regulated entity and, if applicable, of any parent company or ot…

56:12-95.2 Service contract not offered by public entity, disclosure of information, certain. 5. a. A service contract that is not offered by a public utility but which is advertised by any entity, including an entity affiliated with a public utility, using a public utility's tra…

56:12-95.3 Service contract, requirement for registering with division, renewal. 6. a. A person shall not provide or administer a service contract in this State, unless the person has registered with the division. b. The registration application and renewal shall be on a form pro…

56:12-95.4 Publication of non-confidential information, regulated entity registered, required to register. 7. The division may publish any non-confidential information regarding any regulated entity registered, or required to be registered, under section 6 of P.L.2022, c.91 (C.56…

56:12-95.5 Written, electronic notification of automatic renewal provision. 8. a. A provider that provides any service to a consumer pursuant to a service contract the term of which is a specified period of 12 months or longer and that automatically renews for a specified period …

56:12-96 Violations deemed unlawful practice. 10. a. A violation of any of the provisions of this act shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.). b. In order to enforce the provisions of this act, the director may conduct examinations of an…

56:12-97 Definitions relative to direct broadcast satellite and telecommunications service. 5. As used in section 6 of P.L.2017, c.378 (C.56:12-98): "Bundle contract" means the provision of direct broadcast satellite service and telecommunications service to a residential custome…

56:12-98 Opting out of contracts without penalty for victims of domestic violence. 6. A provider of direct broadcast satellite service shall allow a residential customer who is under contract with the provider, including but not limited to, a bundle contract or multi-year contrac…

56:12-99 Definitions relative to certain service contracts. 1. As used in P.L.2019, c.188 (C.56:12-99 et seq.): "Cable television service" shall have the same meaning as provided in section 3 of P.L.1972, c.186 (C.48:5A-3). "Commercial mobile service" shall have the same meaning …

56:13-1 Definitions relative to operators engaged in repair or removal of inoperable, illegally parked vehicles. 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. "Credit card" means any card, p…

56:13-12 Maintenance of liability insurance by towing company. 6. a. A towing company shall maintain liability insurance which meets or exceeds the requirements of this section, or such other amounts as the director may determine by regulation, including in the case of each light…

56:13-13 Consent required for towing from privately owned property; exceptions. 7. a. No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any privately owned parking lot, from other private property…

56:13-14 Schedule of services eligible for charging a fee; reasonable fees. 8. a. The director by regulation shall establish a schedule of private property and other non-consensual towing and related storage services for which a towing company may charge a service fee, and shall …

56:13-15 Requirements for storage facility used by towing company. 9. a. No person shall tow a motor vehicle pursuant to section 7 of P.L.2007, c.193 (C.56:13-13) to a storage facility or store such vehicle at a storage facility unless the storage facility: (1) has a business off…

56:13-16 Unlawful practices, towing company. 10. It shall be an unlawful practice for any private property towing company or for any other towing company that provides non-consensual towing services: a. (Deleted by amendment, P.L.2009, c.39) b. (Deleted by amendment, P.L.2009, c.…

56:13-17 Availability of records. 11. Every towing company that performs private property or other non-consensual towing shall retain and make available for inspection by the division for a period of three years, invoices, job orders, logs, claims for reimbursement from insurance…

56:13-18 "Towing and Storage Administration and Enforcement Fund." 12. There is created in the Department of the Treasury a special dedicated, non-lapsing fund to be known as the "Towing and Storage Administration and Enforcement Fund." The fund shall be the depository for fees, …

56:13-19 Rules, regulations. 13. a. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may promulgate rules and regulations to effectuate the purposes of this act. b. (Deleted by amendment, P.L.2009, c.39) L.2007,…

56:13-2. Operator's compliance with motorist's reasonable repair or transport request 2. An operator who either responds to a call for assistance from a motorist with an inoperable vehicle or who offers to transport or repair the vehicle of such a motorist shall comply with any r…

56:13-20 Effect of act on local government, toll road authority, law enforcement powers. 14. a. The provisions of P.L.2007, c.193 (C.56:13-7 et al.) shall not preempt any political subdivision from requiring or issuing any registration or license of any towing company. (1) (Delet…

56:13-21 Unlawful practice, violation. 15. a. 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. b. In addition to any penalties or other remedies provided in P.L.1960, c.39 (C.56:8-1 et seq.), the director may or…

56:13-22 Severability. 25. If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective it shall be valid and effective and no …

56:13-23 Effective date. 26. This act shall take effect on the 360th day following enactment, except that section 4 shall remain inoperative for 180 days following the effective date, but the director may take such anticipatory action as may be necessary to effectuate those provi…

56:13-3 Transport, repair; payment rights of operator, motorist. 3. If the operator cannot repair the inoperable vehicle to the satisfaction of the motorist he shall, with the motorist's consent, subject to the provisions of P.L.2007, c.193 (C.56:13-7 et al.), transport the vehic…

56:13-4 Acceptability of payment; forms. 4. a. For services rendered, or to redeem a motor vehicle from storage, the operator shall accept in payment either cash, a check issued by an insurance company, a valid debit card, or a valid major credit card or charge card subject to th…

56:13-5. Violation, fine 5. A violation of this act shall be punishable by a fine of $500. The second and any subsequent offense shall be punishable by a fine not to exceed $1,000. L.2002,c.67,s.5.

56:13-6. Rules, regulations 6. The Director of the Division of Consumer Affairs shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the purposes of this act. L.2002,c.67,s.6.

56:13-7 Short title. 1. This act shall be known and may be cited as the "Predatory Towing Prevention Act." L.2007, c.193, s.1.

56:13-8 Findings, declarations relative to towing, towing operators. 2. The Legislature finds and declares that: a. While the majority of towing companies in New Jersey are reputable service providers, some unscrupulous towing companies are engaged in predatory practices victimiz…

56:13-9 Definitions relative to towing, towing operators. 3. As used in this act: "Basic towing service" means towing as defined in this section and other ancillary services as may be specified by the director by regulation, which are components of a routine tow. "Decoupling fee"…

56:14-1 Sale of fur garments regulated. 1. a. No person shall sell or offer to sell any new coat, jacket, garment or other clothing apparel made wholly or in part of fur, regardless of the price of the clothing apparel or the amount of the value of the fur contained therein, unle…

56:14-2 Violations, penalties. 2. A person who violates this act shall be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcemen…

56:14-3 Rules, regulations. 3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this a…

56:15-1 Short title. 1. This act shall be known and may be cited as the "New Jersey Trade Secrets Act." L.2011, c.161, s.1.

56:15-2 Definitions relative to misappropriation of trade secrets. 2. As used in this act: "Improper means" means the theft, bribery, misrepresentation, breach or inducement of a breach of an express or implied duty to maintain the secrecy of, or to limit the use or disclosure of…

56:15-3 Actual, threatened misappropriation may be enjoined. 3. a. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additio…

56:15-4 Entitlement to recovery of damages; exceptions. 4. a. Except to the extent that circumstances, including a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant…

56:15-5 Prohibited defense. 5. A person who misappropriates a trade secret shall not use as a defense to the misappropriation that proper means to acquire the trade secret existed at the time of the misappropriation. L.2011, c.161, s.5.

56:15-6 Award to prevailing party. 6. The court may award to the prevailing party reasonable attorney's fees and costs, including a reasonable sum to cover the service of expert witnesses, if: a. willful and malicious misappropriation exists; b. a claim of misappropriation is mad…

56:15-7 Preservation of secrecy of alleged trade secret. 7. In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means consistent with the Rules of Court as adopted by the Supreme Court of New Jersey. L.2011, c.161, s.7.

56:15-8 Three-year limitation on action. 8. An action for misappropriation shall be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misapprop…