Revises penalty provision of law concerning prohibition of certain unsolicited text messages.
If passed, S1719 will provide civil penalties for first and second violations, with amounts capped at $500 and $1,000 respectively. Subsequent violations, starting with the third, will be classified as unlawful practices under the Consumer Fraud Act (CFA), invoking more stringent penalties that could reach up to $20,000 for repeated violations. This change aims to strengthen consumer protections and empower regulatory bodies such as the Attorney General to take more decisive action against ongoing violations.
Senate Bill S1719 proposes revisions to the existing law concerning unsolicited text messages, specifically addressing the penalties associated with violations. The current law, enacted under P.L. 2015, c.119, prohibits individuals from sending unsolicited advertisements via text message unless prior consent is obtained from the recipient. This bill seeks to amend the penalty structure tied to violations of this law, introducing a two-tiered approach to penalties for waves of violations.
Ultimately, the successful implementation of S1719 will hinge on how effectively it addresses these concerns while fulfilling its primary objective of safeguarding consumers from unwanted solicitations. By delineating the nature and scale of penalties, the bill not only seeks compliance but also establishes a framework for accountability that may serve as a deterrent against future infractions.
Points of contention around S1719 revolve around the balance it aims to establish between civil penalties for initial offenses and the more severe consequences for repeat offenders. Detractors may argue that this could create complexities for individuals and small businesses unfamiliar with the regulations, posing potential overreach in terms of enforcement. At the same time, supporters may see the bill as an essential step towards enhancing consumer rights in an era where unsolicited communications are prevalent.