ASSEMBLY, No. 352

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Prohibits delivery of more than one magazine issue before billing information is obtained.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning magazine subscriptions and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  No person engaged in the practice of soliciting magazine subscription sales or distributing magazines through the mail by subscription for delivery in this State shall deliver more than one issue of any magazine for which payment is due, without first obtaining the consumer's billing information.

     b.    Nothing contained in this section shall be construed to apply to any subscription sold by a charitable organization registered pursuant to the Charitable Registration and Investigation Act, P.L.1994, c.16 (C.45:17A-18 et seq.), or a school fundraiser.

     c.    Any violation of this section shall be an unlawful practice.

 

     2.    This act shall take effect  on the first day of the fourth month following enactment.

 

 

STATEMENT

 

     This bill prohibits any person who solicits magazine subscription sales or distributes magazine subscriptions through the mail for delivery in this State from delivering more than one issue of any magazine for which payment is due, without first obtaining the consumer's billing information. 

     The bill provides an exemption for magazine subscriptions sold by registered charitable organizations or school fundraisers.

     The bill specifies that a violation would be an unlawful practice.  An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.  In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.