Bill Text: NJ A1218 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits sending unsolicited advertising by text messaging, and requires companies offering text messaging services to allow customers to block all incoming and outgoing text messages.
Spectrum: Moderate Partisan Bill (Democrat 16-4)
Status: (Engrossed - Dead) 2013-12-19 - Transferred to Senate Budget and Appropriations Committee [A1218 Detail]
Download: New_Jersey-2012-A1218-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Co-Sponsored by:
Assemblymen Burzichelli, Albano, Prieto, Assemblywoman Lampitt, Assemblymen Greenwald, Conaway, Rumpf, Gusciora, Diegnan, Chivukula, Wisniewski, Milam and Schaer
SYNOPSIS
Prohibits sending unsolicited advertising by text messaging, and requires companies offering text messaging services to allow customers to block all incoming and outgoing text messages.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sending of unsolicited advertising by text messaging and the blocking of text messaging 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. As used in this act:
"Communication device capable of receiving text messaging" means a cellular telephone, a device for paging or message services, a personal digital assistant, or any other wireless telecommunication device or technology for short messaging services which receives text messages.
"Text messaging" means the wireless transmission of short messages of text by means of a cellular telephone, a paging or message service, a personal digital assistant or similar telecommunications technology.
"Unsolicited advertisement" means any message sent without the prior permission of the recipient to encourage the purchase or rental of, or investment in, merchandise as that term is defined in subsection (c) of section 1 of P.L.1960, c.39 (C.56:8-1).
2. No person shall send or cause to be sent to a resident of this State an unsolicited advertisement by means of text messaging to a communication device capable of receiving text messaging if the recipient of the message will incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
3. Prior permission of the recipient to send an advertisement by means of text messaging may be granted only with prior express permission that includes the number to which the text message advertisement may be sent. The permission may be revoked at any time with a request that includes the number for which permission is being revoked.
4. No telecommunications company shall sell, or offer to sell, text messaging services to customers in this State unless the company offers an option to such customers to block all incoming and outgoing text messages; provided, however, the telecommunications company may continue to send text messages to customers concerning their existing accounts if the customer will not incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
5. A violation of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3), except that a person may not be held liable for a violation of section 2 of this act if any unsolicited advertisement sent by text messaging was an isolated message sent no more than one time in a 12-month period.
6. The Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act.
7. This act shall take effect on the first day of the thirteenth month following enactment, except that the Division of Consumer Affairs may take such action in advance of the effective date as shall be necessary to implement the provisions of the act.
STATEMENT
This bill prohibits the sending of an unsolicited advertisement by text messaging to a resident of New Jersey if it will cause the recipient to incur a telecommunications charge or a usage allocation deduction. Text messaging is the wireless transmission of short messages of text by means of a cellular telephone, a paging or message service, a personal digital assistant, or similar telecommunications technology.
For purposes of this bill, an unsolicited advertisement means any message sent, without the prior permission of the recipient, to encourage the purchase or rental of, or investment in, merchandise or services. The bill requires the recipient's express permission, including the number to which text message advertisements may be sent, before any such advertisements may be sent.
In addition, the bill requires any telecommunications company that sells, or offers to sell, text messaging services to offer an option allowing customers to block all incoming and outgoing text messages. Under the bill, the telecommunications company may continue to send customers text messages concerning their existing accounts, if the customer will not incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
A violation of the provisions of the bill constitutes an unlawful practice. 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.
Under the provisions of the bill, a person may not be held liable for a violation if any unsolicited advertisement sent by text messaging was an isolated message sent no more than one time in a 12-month period.
