New Jersey Assembly Bill A3169

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Criminalizes failure to return erroneous person-to-person electronic payments following proper notification.

Impact

The inclusion of electronic payments under the definition of theft aligns the law with modern payment practices and technologies. By clarifying that failure to return mistakenly sent payments constitutes theft, the bill establishes a clear legal expectation for recipients. This action is anticipated to promote accountability among individuals using electronic payment platforms and diminish the occurrence of individuals unintentionally profiting from mistaken transfers.

Summary

Assembly Bill A3169 aims to address the issue of erroneous electronic payments made between individuals. Specifically, it criminalizes the failure to return such payments once the recipient has been notified that they were sent in error. If an individual receives money through a payment processor due to a mistake—and this individual does not return the funds within a specified period—this act is classified as theft under New Jersey law. The bill amends the existing laws concerning theft to include specific provisions relevant to electronic transactions.

Contention

One notable point of contention regarding A3169 may pertain to concerns over the implications of criminalizing failures to return payments for unintentional errors. Critics might argue that the law could impose harsh penalties on individuals who may not have malicious intent and were simply unaware of the need to return funds. Furthermore, the definitions surrounding payment processors and error resolution may raise questions about the overall fairness and practicality of enforcing this law, particularly concerning the nuances of digital transactions.