New Jersey Assembly Bill A1532

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Revises law concerning prohibition of certain unsolicited checks.

Impact

The revisions proposed by A1532 change the penalty structure for violations of the law concerning unsolicited checks. Under current law, civil penalties for the first violation can reach $500, while the second offense can incur penalties up to $1,000. The proposed modification under this bill introduces a tiered penalty system in which a third violation would categorize the infraction as unlawful under the Consumer Fraud Act. This change signifies a tougher stance against repeat offenders, with potential penalties increasing dramatically for non-compliance, including significant fines and legal actions initiated by the Attorney General.

Summary

Assembly Bill A1532 seeks to amend existing legislation prohibiting certain unsolicited checks as established under P.L.2015, c.120. The bill specifies that it is an unlawful practice to send unsolicited checks that automatically obligate the recipient to pay a fee or enroll in a service when cashed or redeemed. This provision protects consumers from deceptive practices that could result in unexpected financial obligations or commitments. By revising the definition of unsolicited checks, the bill adds clarity to what constitutes such checks, aiming to prevent confusion and potential exploitation of consumers.

Contention

One notable point of contention regarding A1532 is its impact on consumer rights versus the implications for businesses that engage in mailing unsolicited checks. Advocates for the bill argue that stronger penalties will deter fraudulent practices and enhance consumer protection. However, some business representatives may express concern that these new regulations could stifle marketing efforts and limit legitimate business operations. The balance between consumer protection and business interests appears to be a central focus in discussions surrounding the bill, with differing opinions on the necessity and efficacy of the proposed punitive measures.