New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S901

Introduced
1/27/22  
Refer
1/27/22  
Report Pass
2/10/22  
Refer
2/10/22  

Caption

Updates notice requirements for actions alleging consumer fraud violations and adds indirect purchasers as parties who can receive damages for antitrust violations.

Impact

The implementation of S901 is expected to strengthen the enforcement of consumer protection laws in New Jersey. By allowing indirect purchasers to participate in lawsuits against companies based on antitrust violations, the bill acknowledges the chain of commerce that can affect consumers who do not directly purchase from the defendants. This legislative change supports the idea that indirect harm from commercial practices should not go unaddressed, thus aligning with broader antitrust initiatives throughout the country.

Summary

Senate Bill 901, introduced in New Jersey's 220th Legislature, aims to amend certain sections of the consumer fraud and antitrust laws in the state. The bill updates the notice requirements for actions alleging consumer fraud violations and includes provisions that allow indirect purchasers to seek damages in cases of antitrust violations. This is significant as it broadens the scope of individuals who can seek legal remedy under these laws, thus enhancing consumer protection.

Sentiment

Overall, the sentiment surrounding Senate Bill 901 has been positive, particularly among advocacy groups and consumer rights organizations which view it as a necessary measure to enhance consumer rights. Supporters argue that the bill provides vital protections against fraudulent business practices and unfair competition. However, there may also be concerns from businesses regarding the potential implications of increased litigation and the complexities associated with indirect purchaser claims.

Contention

Some of the notable points of contention regarding S901 include the potential burden it places on businesses and the legal system. Critics may argue that expanding the definition of who can claim damages could lead to more lawsuits, increasing the workload for courts and possibly leading to frivolous claims. Moreover, there may be concerns regarding the balance between protecting consumers and the implications for businesses navigating a more complex legal environment.

Companion Bills

NJ A1556

Same As Updates notice requirements for actions alleging consumer fraud violations and adds indirect purchasers as parties who can receive damages for antitrust violations.

Previously Filed As

NJ A1556

Updates notice requirements for actions alleging consumer fraud violations and adds indirect purchasers as parties who can receive damages for antitrust violations.

NJ A5558

Establishes certain requirements for asserting cause of action under consumer fraud act and limits awarding of attorneys' fees.

NJ A2084

Revises individual cause of action under consumer fraud act.

NJ A2659

Revises individual cause of action under consumer fraud act.

NJ A1210

Includes certain canvassing and solicitation activities as violation of consumer fraud act.

NJ A489

Includes certain canvassing and solicitation activities as violation of consumer fraud act.

NJ HB2012

Providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.

NJ SB785

Establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.

NJ HB1371

Establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.

NJ S1549

Includes payday lending as a violation of the consumer fraud act.

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