ASSEMBLY, No. 2051

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED FEBRUARY 8, 2010

 


 

Sponsored by:

Assemblyman† WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman† RUBEN J. RAMOS, JR.

District 33 (Hudson)

 

Co-Sponsored by:

Assemblyman Schaer

 

 

 

 

SYNOPSIS

†††† Invalidates consumer contracts which require a waiver of right to file a consumer complaint.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning consumer contracts and amending P.L.1981, c.454.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† Section 3 of P.L.1981, c.454 (C.56:12-16) is amended to read as follows:

†††† 3.††† No consumer contract, warranty, notice or sign, as provided for in this act, shall contain any provision by which the consumer waives his rights under this act.† Notwithstanding any other law to the contrary, no consumer contract, including but not limited to an agreement to arbitrate, warranty, notice or sign shall contain any provision which, explicitly or implicitly, requires the consumer to waive his substantive rights under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), the used car lemon law, P.L.1995, c.373 (C.56:8-67 et seq.), or any other consumer protection laws, or his right to contact a law enforcement agency, State, county or municipal department or agency or any other entity for the purposes of reporting a consumer complaint.† Any such provision shall be null and void.† No consumer contract, notice or sign shall state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey;† provided, however, that this shall not apply to warranties.

(cf. P.L.1981, c.454, s.3)

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill invalidates any consumer contract that contains language requiring the consumer to waive his right to contact a law enforcement agency, State, county, or municipal department or agency, or any other entity for the purposes of reporting a consumer complaint.

†††† The billís protections, as specified, apply:

        to arbitration agreements;

        regardless of whether the provision requiring a person to waive his or her rights is explicit or implicit; and

        to contracts that require consumers to waive their rights under the consumer fraud act, the used car lemon law, or any other consumer protection laws.