Bill Text: NJ S1497 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits retailers from scanning consumer's identification card for return of merchandise.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced in the Senate, Referred to Senate Commerce Committee [S1497 Detail]
Download: New_Jersey-2018-S1497-Introduced.html
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits retailers from scanning consumer's identification card for return of merchandise.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning return policies of retail mercantile establishments and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Identification card" means a driver's license, issued pursuant to R.S.39:3-10, a probationary license, issued pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4), a non-driver photo identification card, issued pursuant to section 2 of P.L.1980, c.47 (C.39:3-29.3), or any similar card issued by another state or the District of Columbia for purposes of identification or permitting its holder to operate a motor vehicle.
"Merchandise" means any objects, wares, goods, commodities, or any other tangible items offered, directly or indirectly for sale.
"Retail mercantile establishment" means any place of business where merchandise is exposed or offered for sale at retail.
"Return" means the return of merchandise by a person to the retail mercantile establishment from which that merchandise was purchased, resulting in a cancellation of the sale and a refund of cash, credit, or store credit to the person of the amount of cash, credit, or store credit paid at the time of sale.
"Scan" means to access the barcode or any other machine-readable section of a person's identification card with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on the identification card.
2. No retail mercantile establishment shall scan, photocopy, or otherwise retain a copy of an identification card when requiring a person to submit an identification card in order to return merchandise.
3. a. Every retail mercantile establishment which requires a person returning merchandise to display an identification card shall conspicuously post that requirement on a sign in at least one of the following locations:
(1) affixed to each cash register or point of sale;
(2) so situated as to be clearly visible to the buyer from the cash register; or
(3) posted at each store entrance used by the public.
b. If a retail mercantile
establishment uses return data concerning the frequency or dollar amount of a
person's returns as a basis to deny a return to that person, the establishment
shall conspicuously post that information as provided in subsection a. of this
section.
4. a. Any person who violates the provisions of this act shall be subject to a civil penalty of $2,500 for a first violation and $5,000 for any subsequent violation. The penalty prescribed in this section shall be collected in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. In addition to the penalties described in subsection a. of this section, any person aggrieved by a violation of this act may bring an action in the municipal court in the jurisdiction the retail mercantile establishment operates to recover damages.
5. The Director of the Division of Consumer Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the purposes of this act.
6. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill prohibits retail mercantile establishments from scanning, photocopying, or otherwise retaining a copy of an person's identification card (i.e., a driver's license, probationary license, non-driver photo identification card, or other similar government-issued identification) as a condition of the person returning merchandise.
Under the bill, a retail mercantile establishment that requires a person returning merchandise to display an identification card is required to conspicuously post that return policy on a sign. The sign could be affixed to each cash register or point of sale; situated and clearly visible to the buyer from the cash register; or posted at each store entrance. If a retail mercantile establishment uses return data concerning the frequency or dollar amount of a person's returns as a basis to deny a return to that person, the establishment would also be required to conspicuously post that information.
A person who violates the provisions of this bill would be subject to a civil penalty of $2,500 for a first violation and $5,000 for any subsequent violation. A person may bring an action in the municipal court in the jurisdiction the retail mercantile establishment operates in order to recover damages.
