Bill Text: NJ S68 | 2012-2013 | Regular Session | Introduced
Bill Title: Regulates advertising of manufacturer
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Commerce Committee [S68 Detail]
Download: New_Jersey-2012-S68-Introduced.html
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Regulates advertising of manufacturer's rebates by retail mercantile establishments.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain rebates 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. As used in this act:
"Actual selling price" means the price the consumer is required to pay at the time of purchase.
"Manufacturer's rebate" means any offer or promise that a manufacturer will refund to a consumer all or a portion of the price paid by the consumer for merchandise.
"Net price" means the ultimate price paid by a consumer after the consumer redeems the manufacturer's rebate offered for an advertised item.
b. It shall be an unlawful practice for a retail mercantile establishment to advertise merchandise for sale indicating the availability of a manufacturer's rebate by displaying the net price of the item of merchandise, unless:
(1) the amount of the manufacturer's rebate is provided to the consumer by the retailer at the time of purchase of the advertised item; or
(2) the actual selling price of the merchandise is disclosed in the same font and size as the net price and clear and conspicuous notice is provided in the advertisement that a mail-in rebate is required to achieve the lower net price.
2. This act shall take effect on the first day of the tenth month following enactment.
STATEMENT
This bill makes it an unlawful practice for a retail mercantile establishment to advertise merchandise for sale indicating the availability of a manufacturer's rebate by displaying the net price of the item of merchandise, unless either:
· the amount of the manufacturer's rebate is provided to the consumer by the retailer at the time of purchase of the advertised item; or
· the actual selling price of the merchandise is disclosed in the same font and size as the net price and clear and conspicuous notice is provided in the advertisement that a mail-in rebate is required to achieve the lower net price.
An unlawful practice under the Consumer Fraud Act 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, violations 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.
