Bill Text: NJ S1820 | 2014-2015 | Regular Session | Introduced
Bill Title: Prohibits the use of simulated government documents in advertising.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-24 - Introduced in the Senate, Referred to Senate Commerce Committee [S1820 Detail]
Download: New_Jersey-2014-S1820-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits the use of simulated government documents in advertising.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain advertisements 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. It shall be an unlawful practice for any person to advertise any merchandise, offer, or service using any simulated government document.
b. For the purposes of this section, "simulated government document" means any document, Internet website, or envelope which, because of its appearance, has the tendency to mislead or deceive a person viewing the document into believing that it is an official document, but which is not authorized and distributed by the federal government, the State of New Jersey, any other state, any subdivision or agency of the federal or any state government, or any other political subdivision or governmental entity. "Simulated government document" shall not be construed to include any document, Internet website, or envelope which is mailed, disseminated, or maintained:
(1) by a not-for-profit entity or a charitable organization registered pursuant to the Charitable Registration and Investigation Act, P.L.1994, c.16 (C.45:17A-18 et seq.), or its agent;
(2) by an individual not regularly engaged in the business of making retail sales of property, and inviting or drawing attention to an isolated or occasional sale of items of tangible personal property, provided the items being sold were originally obtained for the personal use of the individual making the sale; or
(3) by or on behalf of any candidate for elective public office, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3), or by or on behalf of any political party committee, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3).
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill would make advertising using a simulated government document an unlawful practice. The bill defines "simulated government document" as "any document, Internet website, or envelope which, because of its appearance, has the tendency to mislead or deceive a person viewing the document into believing that it is an official document, but which is not authorized or distributed by the federal government, the State of New Jersey, any other state, any subdivision or agency of the federal or any state government, or any other political subdivision or governmental entity."
The bill would specifically exempt documents, websites, or envelopes from the definition of "simulated government document" if they are mailed, disseminated, or maintained:
· by not-for-profit entities or a charitable organizations;
· by individuals advertising isolated or occasional sales, provided the items being sold were originally obtained for the personal use of the individuals making the sale; or
· by or on behalf of candidates for elective public office or political party committees.
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.
