SENATE, No. 1240

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 3, 1996

 

 

By Senators CONNORS, BASSANO and Bubba

 

 

An Act concerning certain advertisements of merchandise 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. a. It shall be an unlawful practice for any person to advertise in writing merchandise for sale offering any guarantee, including a best price guarantee, if the size of the print for any exception to the guarantee is smaller than the print used for the guarantee or if any exception is not incorporated in the main body of the advertisement.

    b. In addition to any other penalties provided pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), the penalty for violating the provisions of this section shall be a monetary penalty equal to three times the retail price of item of merchandise advertised. In all actions under this section, a court of competent jurisdiction shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit.

 

    2. This act shall take effect on the 60th day following enactment.

 

 

STATEMENT

 

    This bill provides that it is an unlawful practice under the consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.), for any person to advertise in writing merchandise for sale offering any guarantee, including a best price guarantee, if the size of the print for any exception to the guarantee is smaller than the print used for the guarantee or if any exception is not incorporated in the main body of the advertisement.

    Violators are subject to the penalties set forth in the consumer fraud law. These penalties may include a fine of no more than $7,500 for a first offense and no more than $15,000 for any subsequent offense. In addition, the Attorney General is authorized to seek and obtain in a summary action an injunction prohibiting any violator from continuing

to engage in the unlawful practice. In addition, the bill stipulates that

any person violating its provisions shall also be liable for a monetary

penalty equal to three times the retail price of the item of merchandise

advertised.

 

 

                             

 

Prohibits certain deceptive written advertising concerning merchandise offered with a guarantee.