Bill Text: NJ A5346 | 2018-2019 | Regular Session | Amended
Bill Title: Requires certain retailers to train employees on gift card fraud.*
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2020-01-06 - Received in the Senate, Referred to Senate Commerce Committee [A5346 Detail]
Download: New_Jersey-2018-A5346-Amended.html
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblymen Holley and Mejia
SYNOPSIS
Requires certain retailers to train employees on gift card fraud.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on November 14, 2019, with amendments.
An Act concerning gift cards 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. 1[Every retail mercantile establishment in this State that displays gift cards for sale shall post a sign at the point of display and at the point of sale warning customers about gift card fraud, which shall include examples of common fraudulent schemes. The sign also shall advise customers not to provide any gift card information to someone they do not know and to contact local law enforcement if the customer thinks they are a victim of fraud.
b.]1 Every retail mercantile establishment in this State that displays gift cards for sale shall train employees on how to identify and respond to gift card fraud.
1[c.] b.1 A retail mercantile establishment that violates the provisions of this section shall be subject to a civil penalty of $1,000, which may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A violation of this section shall not be considered an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.).
1[d.] c.1 As used in this section:
"Gift card" means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment, which promises to provide to the bearer merchandise of equal value to the remaining balance of the device.
"Merchandise" means any objects, wares, goods, commodities, services, or anything offered, directly or indirectly, to the public for sale.
"Retail mercantile establishment" means any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.
2. This act shall take effect on the first day of the fourth month after enactment.
