Bill Text: NJ A356 | 2016-2017 | Regular Session | Introduced
Bill Title: Includes certain deceptive practices in the advertising of floral or ornamental products or services as a violation of the consumer fraud act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Consumer Affairs Committee [A356 Detail]
Download: New_Jersey-2016-A356-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Includes certain deceptive practices in the advertising of floral or ornamental products or services as a violation of the consumer fraud act.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning deceptive practices in the advertising of floral or ornamental products or services 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:
"Floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services.
"Local telephone number" means a specific telephone number, including area code and prefix, assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas, but does not mean long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory.
2. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.), for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:
a. Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the municipality, of the provider's or vendor's business; or
b. Listing a fictitious business name or an assumed business name in any advertisement if both of the following criteria are met:
(1) The name of the business misrepresents the provider's or vendor's geographic location; and
(2) The advertisement or listing does not identify the true physical address, including the municipality and state, of the provider's or vendor's business.
3. The provisions of this act shall not apply to any of the following:
a. A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.
b. An Internet web site that aggregates and provides information about other businesses.
c. An owner or publisher of a print advertising medium providing information about other businesses.
d. An Internet service provider.
e. An Internet service that displays or distributes advertisements for other businesses.
4. This act shall take effect immediately.
STATEMENT
This bill provides that it is an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by either: (1) listing a local telephone number in any listing or advertisement, unless the advertisement or listing identifies the true physical address, including the municipality, of the provider's or vendor's business; or (2) listing a fictitious business name or an assumed business name in any listing or advertisement, if the name misrepresents the location of the business and the listing or advertisement does not identify the true physical address of the business.
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, 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.
