New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A3956

Introduced
5/12/22  

Caption

"Free Means Free Act"; prohibits misleading advertising of free products.

Impact

The enactment of A3956 would require significant changes in the way retailers and service providers advertise their offerings. Any entity that sells or offers a product must now clearly disclose the ultimate cost of the product, which includes any associated cancellation or restocking fees. Failure to comply with these provisions constitutes an unlawful practice under consumer fraud laws, potentially resulting in financial penalties and other legal consequences aimed at protecting consumers from deceptive practices.

Summary

Bill A3956, known as the 'Free Means Free Act,' is legislation aimed at curbing misleading advertising practices by prohibiting individuals and businesses from advertising products as free unless they meet specific criteria. The bill seeks to protect consumers from deceptive marketing tactics often used by contracted service providers and retailers. It establishes clear guidelines for advertising and sales practices, ensuring that consumers are not misled into believing they are receiving a product at no cost while hidden fees may apply. This legislation is a response to persistent complaints regarding hidden charges associated with products marketed under the guise of being 'free.'

Contention

While the bill has considerable support for its consumer protection framework, there are concerns from business advocates about its implications for marketing strategies. Critics argue that it could stifle promotions aimed at competitive pricing, especially in industries where 'free' offers are common, such as telecommunications and online services. They contend that the bill could limit the ability of businesses to attract customers with innovative pricing models, potentially impacting market competition and consumer choice.

Companion Bills

No companion bills found.

Previously Filed As

NJ A2477

"Free Means Free Act"; prohibits misleading advertising of free products.

NJ SB196

Prohibiting certain misleading pharmaceutical advertising practices

NJ A3808

"Used Car Buyers' Bill of Rights"; prohibits certain "as is" sales of used motor vehicles.

NJ A1546

"Used Car Buyers' Bill of Rights"; prohibits certain "as is" sales of used motor vehicles.

NJ S1725

"Used Car Buyers' Bill of Rights"; prohibits certain "as is" sales of used motor vehicles.

NJ SB342

Misleading advertising: domain and subdomain names.

NJ SB122

Prohibits certain forms of untrue or misleading advertisements. (8/1/16)

NJ AB2915

False or misleading advertising.

NJ HB1521

Kratom products; prohibited acts, civil penalty.

NJ HB1317

Patient's Right to Informed Health Care Choices Act and prohibitions against deceptive advertising; extend repealers on.

Similar Bills

NJ A2477

"Free Means Free Act"; prohibits misleading advertising of free products.

MI HB4843

Consumer protection: unfair trade practices; disclosure of automatic renewal provisions in consumer contracts; require. Amends sec. 3 of 1976 PA 331 (MCL 445.903) & adds sec. 3j.

CA SB95

Sellers of travel: travel consolidators: fraud.

CA AB610

Fast food restaurant industry: Fast Food Council: health, safety, employment, and minimum wage.

LA HB565

Provides relative to public contracts with design professional services for local projects

MS SB2883

Welcome centers; authorize MDA to contract with and award grants to counties for staffing.

CA AB8

Ticket sellers.

NJ A4586

Establishes "Minority and Women-Owned Businesses State Contractor Remedies Act."