Bill Text: NJ A591 | 2018-2019 | Regular Session | Chaptered


Bill Title: Prohibits discrimination against cash-paying consumers.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2019-03-18 - Approved P.L.2019, c.50. [A591 Detail]

Download: New_Jersey-2018-A591-Chaptered.html

1 - C.56:8-2.33

 


P.L. 2019, CHAPTER 50, approved March 18, 2019

Assembly, No. 591 (Third Reprint)

 

 


An Act concerning payments by consumers 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.    1[It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a] a.           A1 person selling or offering for sale goods or services at retail 1[to] shall not1 require a buyer to pay using credit or to prohibit cash as payment in order to purchase the goods or services.  A person selling or offering for sale goods or services at retail shall accept legal tender when offered by the buyer as payment.

     1b.   A person in violation of subsection a. of this section shall be subject to a civil penalty of up to $2,500 for a first offense and up to $5,000 for a second offense, to be collected in a civil action by a summary proceeding under 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 third violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this subsection shall be considered a first offense under P.L.1960, c.39 (C.56:8-1 et seq.).

     A fourth or subsequent violation of subsection a. of this section is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this subsection shall be considered a subsequent offense under P.L.1960, c.39 (C.56:8-1 et seq.).

     c.1   2The provisions of this section shall not apply to:

     (1)  any person selling goods or services at an airport, provided that at least two persons selling food at each terminal within the airport accept cash as payment;

     (2)  any parking facility owned by a municipality, regardless of whether the facility is operated by the municipality, a parking authority, or an independent third party; 3[and]3

     (3)  any parking facility that accepts mobile payment, provided that the facility does not accept payment by any means other than mobile payment 3; and

     (4)  any company in the business of renting motor vehicles, provided that the company accepts a cashier's check or a certified check when offered by a buyer as payment3.

     d.2  As used in this section, "at retail" shall include any retail transaction conducted in person and exclude any telephone, mail, or Internet-based transaction.

 

     2.    This act shall take effect immediately.

 

 

                                

 

     Prohibits discrimination against cash-paying consumers.

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