Bill Text: NJ A1186 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns magazine subscriptions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Consumer Affairs Committee [A1186 Detail]
Download: New_Jersey-2012-A1186-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Conaway
SYNOPSIS
Concerns magazine subscriptions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning magazine subscriptions 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. Any person engaged in the practice of distributing magazines through the mail by subscription for delivery in this State, shall disclose by a notice written on the mailing label of each magazine mailed pursuant to subscription, the month, in a non-numerical and non-abbreviated format, and year in which the subscription expires, in a clear and conspicuous manner, and in compliance with federal postal regulations.
2. Any person engaged in the practice of soliciting magazine subscription sales through the mail for delivery in this State shall include, with any notice inviting subscribers to renew an unexpired subscription, information indicating the month, in a non-numerical and non-abbreviated format, and year in which the current subscription expires, the cost of renewing the subscription, and the length of time for which the subscription would be renewed. In cases where the invitation to renew is packaged with an issue of the magazine, the month and year in which the subscription expires shall not be required to be printed on the invitation, or any other notice included in the package, provided the information is written on the magazine's label, as required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The notices described in this section shall be printed or written in a clear and conspicuous manner.
Nothing contained in this section shall be construed to apply to any notice inviting consumers to order or renew any subscription sold by a not-for-profit entity, or by a charitable organization registered pursuant to the Charitable Registration and Investigation Act, P.L.1994, c.16 (C.45:17A-18 et seq.), school fundraiser, or as part of a gift subscription offer.
3. Any person engaged in the practice of soliciting magazine subscription sales via the telephone or Internet, or both, for delivery in this State shall include the following information in any communication inviting the subscriber to renew an unexpired subscription:
a. the month and year in which the current subscription expires;
b. the cost of renewing the subscription; and
c. the length of time for which the subscription would be renewed.
Nothing contained in this section shall be construed to apply to any notice inviting consumers to order or renew any subscription sold by a not-for-profit entity, or by a charitable organization registered pursuant to the Charitable Registration and Investigation Act, P.L.1994, c.16 (C.45:17A-18 et seq.), school fundraiser, or as part of a gift subscription offer.
4. Any person engaged in the practice of distributing magazines through the mail by subscription or soliciting magazine subscription sales through the mail, telephone, or Internet, or any combination thereof, for delivery in this State, shall not renew a magazine subscription so that the renewal period begins before the expiration of the current subscription term.
5. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act.
6. This act shall take effect on the first day of the ninth month following enactment.
STATEMENT
This bill requires magazine distributors and solicitors of magazine subscription sales to disclose information concerning when a current subscription expires in certain communications with the consumer.
Under the bill, persons distributing magazines through the mail by subscription, for delivery in New Jersey, must disclose in a clear and conspicuous manner on each magazine mailing label the month and year the subscription expires. The bill specifies that the month must be written out in a non-numerical, non-abbreviated format.
The bill requires this same information be provided by persons engaged in soliciting subscription magazine sales through the mail for delivery in New Jersey on any notice inviting subscribers to renew an unexpired subscription, along with the following:
· the cost of renewing the subscription; and
· the length of time for which the subscription would be renewed.
Persons soliciting subscription magazine sales via the telephone or Internet must also provide the same information in any communication with the subscriber.
The bill makes the following exceptions:
· in cases where the invitation to renew is packaged with an issue of the magazine, the month and year in which the subscription expires does not have to be printed on the invitation or any other notice included in the package, provided the information is written on the magazine's label; and
· invitations to order or renew magazine subscriptions by not-for profit entities, registered charitable organizations, school fundraisers, or as part of a gift subscription offer do not have to comply with the notice requirements.
Finally, the bill prohibits the renewal of a magazine subscription so that the renewal period begins before the previous subscription expires.
Under the bill, a violation is an unlawful practice under the Consumer Fraud Act. An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
