Bill Text: NJ A617 | 2014-2015 | Regular Session | Chaptered

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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 22-6)

Status: (Passed) 2015-10-26 - Approved P.L.2015, c.119. [A617 Detail]

Download: New_Jersey-2014-A617-Chaptered.html

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Title 2A.

Subtitle 6A.

Chapter 65D

(New)

Unsolicited

Communications

§§1-5 -

C.2A:65D-1 to

2A:65D-5

§6 - Note

 

P.L.2015, CHAPTER 119, approved October 26, 2015

Assembly, No. 617 (Second Reprint)

 

 

An Act concerning the sending of unsolicited advertising by text messaging and the blocking of text messaging and supplementing ²[P.L.1960, c.39 (C.56:8-1 et seq.)] Title 2A of the New Jersey Statutes².

 

     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 ¹[short messages of]¹ text ¹, images or a combination of text and images¹ by means of a cellular telephone, a paging or message service, a personal digital assistant or ¹[similar telecommunications technology] any other electronic communications device¹.

     "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 may incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
     3.    ¹[Prior permission of the recipient to send an advertisement by means of text messaging] No person may send an unsolicited advertisement by means of text messaging without first receiving permission from the intended recipient.  Permission¹ may be granted only with prior express ¹[permission] authorization from the intended recipient¹ 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 ²that result in telecommunications charges or usage allocation deductions²; 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.

 

     ²[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 ¹the person demonstrates by clear and convincing evidence that¹ any unsolicited advertisement sent by text messaging was an isolated message sent no more than one time in a 12-month period.]²

 

     ²5.   a.  A person who violates this act shall be subject to a civil penalty in an amount not to exceed $500 for the first violation and $1,000 for each subsequent violation, collectible by the Attorney General in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     b.  Nothing set forth in this act shall be construed as creating, establishing or authorizing a private cause of action by an aggrieved person against a person who has violated, or is alleged to have violated, the provisions of this act.²

 

     ²[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.]²

 

     ²[7.] 6.²     This act shall take effect on the first day of the thirteenth month following enactment ²[, 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]².

 

 

                                

 

     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.