Bill Text: NJ A5649 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires retailers to permit person to cancel purchase of digital content and obtain refund under certain circumstances.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-06-24 - Introduced, Referred to Assembly Consumer Affairs Committee [A5649 Detail]
Download: New_Jersey-2018-A5649-Introduced.html
Sponsored by:
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Requires retailers to permit person to cancel purchase of digital content and obtain refund under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning digital content 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 section:
"Retailer" means a person who sells or offers for sale digital content in this State.
"Digital content" means data which are produced and supplied in digital form, including but not limited to, computer programs, applications, games, and music.
b. A retailer shall allow a person to cancel the purchase of digital content within 14 days from the date of purchase, provided that the person has not begun downloading or streaming the digital content. If there is a technical issue with the digital content, the person shall be permitted to cancel the purchase of the digital content at any time.
c. The retailer shall provide a person who cancels the purchase of digital content pursuant to subsection b. of this section with a refund for the full amount of the purchase price.
d. A violation of this section is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill requires retailers to permit a person to cancel the purchase of digital content and obtain a refund under certain circumstances.
Under the provisions of this bill, a retailer is required to allow a person to cancel the purchase of digital content within 14 days from the date of purchase if the person has not begun downloading or streaming the digital content.
However, the bill also provides that if there is a technical issue with the digital content, the person is to be permitted to cancel the purchase of the digital content at any time.
Further, under the bill, the retailer is required to provide a person who cancels the purchase of digital content in accordance with the bill's provisions with a refund for the full amount of the purchase price.
Under the bill, "digital content" is defined as data which are produced and supplied in digital form including, but not limited to, computer programs, applications, games, and music
A violation of the bill's provisions is an unlawful practice under the consumer fraud act. 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 may 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.
