Bill Text: NJ S2614 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes "no mail" list for residents of this State.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-12-08 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S2614 Detail]
Download: New_Jersey-2014-S2614-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes "no mail" list for residents of this State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain commercial solicitations 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 P.L. , c. (C. ) (pending before the Legislature as this bill):
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Mailing solicitation" means any communication sent through the United States Postal Service or other mail service for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.
"Resident" means an individual who has a mailing address in this State.
2. The division shall establish and maintain a "no mail" list which shall contain a list of the mailing addresses of residents within this State who do not wish to receive mailing solicitations.
3. a. A person shall not send or cause to be sent any mailing solicitation to the mailing address of any resident of this State whose mailing address is included on the "no mail" list established by the division pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), except for a mailing solicitation that is sent within three months of the date that the resident's mailing address was first included on the "no mail" list but only if the person sending the solicitation had not, at the time of the sending of the solicitation, obtained a "no mail" list that included the resident's mailing address and the "no mail" list used by the person sending the solicitation was issued less than three months prior to the time the solicitation was sent.
b. Subsection a. of this section shall not apply to mailing solicitations that are made:
(1) to any resident with that resident's prior express invitation or permission;
(2) by or on behalf of any person or entity with whom a resident has had a business contact within the past six months or with whom the resident has a current business or personal relationship;
(3) by or on behalf of an entity organized under section 501(c)(3) of the United States Internal Revenue Code (26 U.S.C. 501(c)(3)), provided that a bona fide member of that entity makes the communication and that the member is seeking charitable contributions to support the purposes for which the entity was established;
(4) by or on behalf of any entity over which a federal agency has regulatory authority to the extent that:
(a) subject to this authority, the entity is required to maintain a license, permit, or certificate to sell or provide the merchandise being offered through correspondence; and
(b) the entity is required by law or rule to develop and maintain a "no mail" list; or
(5) by a person responding to a referral or working from the person's primary residence or by a person licensed by the State to carry out a trade, occupation, or profession who is attempting to set an appointment relating to that licensed trade, occupation, or profession within this State.
4. A violation of the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) 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 violating P.L. , c. (C. ) (pending before the Legislature as this bill) if:
a. the person has obtained a copy of, and updated quarterly, the "no mail" list and has established and implemented written policies and procedures related to the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill);
b. the person has trained other persons in the person's employ in the requirements of P.L. , c. (C. ) (pending before the Legisalture as this bill);
c. the person maintains records demonstrating compliance with subsections a. and b. of this section and the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill); and
d. any sending of a mailing solicitation is an isolated act made no more than one time in a 12-month period.
5. a. There is established in the General Fund a special dedicated, non-lapsing fund to be known as the "Do-Not-Mail Fund," which shall be administered by the State Treasurer. The State Treasurer shall deposit into the "Do-Not-Mail Fund" all fees and penalties collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Legislature shall annually appropriate from the "Do-Not-Mail Fund" monies to the division for the payment of costs of producing and distributing educational materials and conducting educational activities relating to the promotion of the "no mail" list and all related costs and expenditures incurred in the administration of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. The division may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect immediately but sections 1 through 6 shall remain inoperative until the Director of the Division of Consumer Affairs in the Department of Law and Public Safety certifies to the Attorney General that the division is prepared to establish and maintain a "no mail" list, or until one calendar year following enactment, whichever occurs first, except that the division may take anticipatory action as shall be necessary to implement the provisions of this act in advance of the operative date.
STATEMENT
This bill provides that mailings to residents of this State soliciting the sale of consumer goods or services are prohibited if the mailing addresses of the residents have been placed on the "no mail" list established by the Division of Consumer Affairs (division).
The bill provides that the "no mail" list established by the division is to contain a list of the mailing addresses of residents within this State who do not wish to receive mailing solicitations.
The bill establishes certain exceptions to the prohibition on sending mailing solicitations including: (1) the resident has provided prior express permission to the sender to receive a solicitation; (2) the resident has had a business contact within the past six months or has a current business or personal relationship with the sender; (3) the sender is an authorized charitable organization; (4) the sender is an entity over which a federal agency has authority and is required by law to maintain a "no mail" list; or (5) the sender is responding to a referral or attempting to set an appointment.
A violation of the provisions of this bill is an unlawful practice subject to penalties in 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) unless certain exceptions set forth in section 4 of the bill are applicable.
The bill provides that the costs of producing and distributing educational materials and conducting educational activities relating to the promotion of the "no mail" list and all related costs and expenditures incurred in the administration of the bill shall be paid for from a fund consisting of fees and penalties collected pursuant to the provisions of the bill.
