ASSEMBLY, No. 617
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblymen Burzichelli, Prieto, Assemblywoman Lampitt, Assemblymen Greenwald, Conaway, Rumpf, Gusciora, Diegnan, Chivukula, Wisniewski, Schaer, C.J.Brown, Assemblywoman Mosquera, Assemblyman Lagana, Assemblywomen Jimenez, Riley, Watson Coleman, Caride, Handlin, Assemblyman Fiocchi, Senators Van Drew, Scutari and Allen
Prohibits sending unsolicited advertising by text messaging, and requires companies offering text messaging services to allow customers to block all incoming and outgoing text messages.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on June 5, 2014, with amendments.
An Act concerning the sending of unsolicited advertising by text messaging and the blocking of text messaging and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Communication device capable of receiving text messaging" means a cellular telephone, a device for paging or message services, a personal digital assistant, or any other wireless telecommunication device or technology for short messaging services which receives text messages.
"Text messaging" means the wireless transmission of 1[short messages of]1 text 1, images or a combination of text and images1 by means of a cellular telephone, a paging or message service, a personal digital assistant or 1[similar telecommunications technology] any other electronic communications device1.
"Unsolicited advertisement" means any message sent without the prior permission of the recipient to encourage the purchase or rental of, or investment in, merchandise as that term is defined in subsection (c) of section 1 of P.L.1960, c.39 (C.56:8-1).
2. No person shall send or cause to be sent to a resident of this State an unsolicited advertisement by means of text messaging to a communication device capable of receiving text messaging if the recipient of the message may incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
3. 1[Prior permission of the recipient to send an advertisement by means of text messaging] No person may send an unsolicited advertisement by means of text messaging without first receiving permission from the intended recipient. Permission1 may be granted only with prior express 1[permission] authorization from the intended recipient1 that includes the number to which the text message advertisement may be sent. The permission may be revoked at any time with a request that includes the number for which permission is being revoked.
4. No telecommunications company shall sell, or offer to sell, text messaging services to customers in this State unless the company offers an option to such customers to block all incoming and outgoing text messages; provided, however, the telecommunications company may continue to send text messages to customers concerning their existing accounts if the customer will not incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
5. A violation of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3), except that a person may not be held liable for a violation of section 2 of this act if 1the person demonstrates by clear and convincing evidence that1 any unsolicited advertisement sent by text messaging was an isolated message sent no more than one time in a 12-month period.
6. The Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act.
7. This act shall take effect on the first day of the thirteenth month following enactment, except that the Division of Consumer Affairs may take such action in advance of the effective date as shall be necessary to implement the provisions of the act.