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56:8-2. Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice
The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice; provided, however, that nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher, or operator has no knowledge of the intent, design or purpose of the advertiser.
L.1960, c. 39, p. 138, s. 2. Amended by L.1967, c. 301, s. 2, eff. Feb. 15, 1968; L.1971, c. 247, s. 1, eff. June 29, 1971; L.1975, c. 294, s. 1, eff. Jan. 19, 1976.
56:8-2.1. Operation simulating governmental agency as unlawful practice
It shall be an unlawful practice for any person to operate under a name or in a manner which wrongfully implies that such person is a branch of or associated with any department or agency of the Federal Government or of this State or any of its political subdivisions, or use any seal, insignia, envelope or other format which simulates that of any governmental department or agency.
L.1968, c. 448, s. 1, eff. Feb. 19, 1969.
56:8-2.2. Scheme to not sell item or service advertised
The advertisement of merchandise as part of a plan or scheme not to sell the item or service so advertised or not to sell the same at the advertised price is an unlawful practice and a violation of the act to which this act is a supplement.
L.1969, c. 131, s. 1.
56:8-2.3 Advertising plan involving notification of winning of prize and other requirements unlawful.
The notification to any person by any means, as a part of an advertising plan or scheme, that he has won a prize and requiring him to do any act, purchase any other item or submit to a sales promotion effort is an unlawful practice and a violation of the act to which this act is a supplement.
L.1969,c.131,s.2.
56:8-2.4. Advertisement of unassembled merchandise as assembled in picture or illustration; prohibition
It shall be an unlawful practice for a person to advertise merchandise for sale accompanied by a picture or illustration of the merchandise in an assembled condition when it is intended to be sold unassembled, unless the advertisement bears the notation that the merchandise is to be sold unassembled.
L.1973, c. 225, s. 1.
56:8-2.5. Sale, attempt to sell or offer for sale of merchandise without tag or label with selling price
It shall be an unlawful practice for any person to sell, attempt to sell or offer for sale any merchandise at retail unless the total selling price of such merchandise is plainly marked by a stamp, tag, label or sign either affixed to the merchandise or located at the point where the merchandise is offered for sale.
L.1973, c. 308, s. 1.
56:8-2.6. Daily failure to tag as separate violation
For the purposes of this act, each day for which the total selling price is not marked in accordance with the provisions of this act for each group of identical merchandise shall constitute a separate violation of this act and the act of which this act is a supplement.
L.1973, c. 308, s. 2.
56:8-2.7. Solicitation of funds or contributions, or sale or offer for sale of goods or services under false representation of solicitation for charitable or nonprofit organization or of benefit for handicapped persons
It shall be an unlawful practice for any person to solicit funds or a contribution of any kind, or to sell or offer for sale any goods, wares, merchandise or services, by telephone or otherwise, where it has been falsely represented by such person or where the consumer has been falsely led to believe that such person is soliciting by or on behalf of any charitable or nonprofit organization, or that a contribution to or purchase from such person shall substantially benefit handicapped persons.
L.1975, c. 293, s. 1, eff. Jan. 9, 1976.
56:8-2.8. ~Going out of business sale~ ; time limits
It shall be an unlawful practice for any person to advertise merchandise for sale as a ~going out of business sale~ or in terms substantially similar to ~going out of business sale~ for a period in excess of 90 days or to advertise more than one such sale in 360 days. The 360-day period shall commence on the first day of such sale. For any person in violation of this act, each day in violation shall constitute an additional, separate and distinct violation.
L.1979, c. 103, s. 1.
56:8-2.9. Misrepresentation of identity of food in menus or advertisements of eating establishments
It shall be an unlawful practice for any person to misrepresent on any menu or other posted information, including advertisements, the identity of any food or food products to any of the patrons or customers of eating establishments including but not limited to restaurants, hotels, cafes, lunch counters or other places where food is regularly prepared and sold for consumption on or off the premises. This section shall not apply to any section or sections of a retail food or grocery store which do not provide facilities for on the premises consumption of food or food products.
L.1979, c. 347, s. 1.
56:8-2.10. Acts constituting misrepresentation of identity of food
The identity of said food or food products shall be deemed misrepresented if:
a. Its description is false or misleading in any particular;
b. Its description omits information which by its omission renders the description false or misleading in any particular;
c. It is served, sold, or distributed under the name of another food or food product;
d. It purports to be or is represented as a food or food product for which a definition of identity and standard of quality has been established by custom and usage unless it conforms to such definition and standard.
L.1979, c. 347, s. 2.
56:8-2.11. Violations; liability
Any person violating the provisions of the within act shall be liable for a refund of all moneys acquired by means of any practice declared herein to be unlawful.
L.1979, c. 347, s. 3.
56:8-2.12. Recovery of refund in private action
The refund of moneys herein provided for may be recovered in a private action or by such persons authorized to initiate actions pursuant to P.L.1975, c. 376 (C. 40:23-6.47 et seq.).
L.1979, c. 347, s. 4.
56:8-2.13. Cumulation of rights and remedies; construction of act
The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of any other right, remedy or prohibition accorded by the common law or statutes of this State, and nothing contained herein shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.
L.1979, c. 347, s. 5.
56:8-2.14. Short title
This act shall be known and may be cited as the ~Refund Policy Disclosure Act.~
L.1982, c. 29, s. 1.
56:8-2.15. Definitions
As used in this act:
a. ~Merchandise~ means any objects, wares, goods, commodities, or any other tangible items offered, directly or indirectly, to the public for sale.
b. ~Proof of purchase~ means a receipt, bill, credit card slip, or any other form of evidence which constitutes reasonable proof of purchase.
c. ~Retail mercantile establishment~ means any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.
L.1982, c. 29, s. 2.
56:8-2.16. Posting of signs; locations
Every retail mercantile establishment shall conspicuously post its refund policy as to all merchandise on a sign in at least one of the following locations:
a. Attached to the item itself, or
b. Affixed to each cash register or point of sale, or
c. So situated as to be clearly visible to the buyer from the cash register, or
d. Posted at each store entrance used by the public.
L.1982, c. 29, s. 3.
56:8-2.17. Signs; contents
Any sign required by section 3 of this act to be posted in retail mercantile establishments shall state whether or not it is a policy of such establishment to give refunds and, if so, under what conditions, including, but not limited to, whether a refund will be given:
a. On merchandise which has been advertised as ~sale~ merchandise or marked ~as is~ ;
b. On merchandise for which no proof of purchase exists;
c. At any time or not beyond a point in time specified; or
d. In cash, or as credit or store credit only.
L.1982, c. 29, s. 4.
56:8-2.18. Penalties; refunds or credits to buyers
A retail mercantile establishment violating any provision of this act shall be liable to the buyer, for up to 20 days from the date of purchase, for a cash refund or a credit, at the buyer@s option, provided that the merchandise has not been used or damaged by the buyer.
L.1982, c. 29, s. 5.
56:8-2.19. Posting of signs; exceptions
The provisions of section 3 shall not apply to retail mercantile establishments or departments that have a policy of providing, for a period of not less than 20 days after the date of purchase, a cash refund for a cash purchase or providing a cash refund or issuing a credit for a credit purchase, which credit is applied to the account on which the purchase was debited, in connection with the return of its unused and undamaged merchandise.
L.1982, c. 29, s. 6.
56:8-2.20. Motor vehicle; perishables; custom merchandise; non-returnable merchandise; application of act
This act shall not apply to sales of motor vehicles, or perishables and incidentals to such perishables, or to custom ordered, custom finished merchandise, or merchandise not returnable by law.
L.1982, c. 29, s. 7.
56:8-2.21. Jurisdiction; penalties; cash refund; credit; damages
a. An individual action for a violation of this act may be brought in a municipal court in whose jurisdiction the sale was made.
b. In addition to the penalties provided for in section 5, a retail mercantile establishment that fails to comply with the requirements of this act and, in practice, does not have a policy as provided in section 6 and has refused to accept the return of the merchandise shall be liable to the consumer for:
(1) A cash refund or a credit, at the buyer@s option, provided the merchandise has not been used or damaged, and
(2) Damages of not more than $200.00.
L.1982, c. 29, s. 8.
56:8-2.22. Copy of transaction or contract; provision to consumer
It shall be an unlawful practice for a person in connection with a sale of merchandise to require or request the consumer to sign any document as evidence or acknowledgment of the sales transaction, of the existence of the sales contract, or of the discharge by the person of any obligation to the consumer specified in or arising out of the transaction or contract, unless he shall at the same time provide the consumer with a full and accurate copy of the document so presented for signature but this section shall not be applicable to orders placed through the mail by the consumer for merchandise.
L.1982, c. 98, s. 1.
56:8-2.23. Disclosure of profit-making nature
It shall be an unlawful practice for any person, other than a charitable or nonprofit organization, engaged in the business of selling used goods, wares or merchandise for profit to solicit, by telephone, by the placement of collection boxes or otherwise, donations of used goods, wares or merchandise for resale for profit, without first disclosing to the person solicited the profit-making nature of the business, or if profits are to be shared with a charitable or nonprofit organization, the portion of profits which that organization will receive. For the purposes of this act, ~engaged in the business of selling used goods, wares or merchandise~ means anyone who conducts sales more than five times a year.
L. 1985, c. 254, s. 1, eff. July 31, 1985.
56:8-2.25 Transaction of business under assumed name, misrepresented geographic origin, location.
1. a. It shall be an unlawful practice for any person conducting or transacting business under an assumed name and filing a certificate pursuant to R.S.56:1-2 to intentionally misrepresent that person@s geographic origin or location or the geographic origin or location of any merchandise.
b. A person engaged in the business of advertising shall be immune from liability under this section for receiving, accepting or publishing any advertisement, irrespective of the medium or format, submitted or developed for any person conducting or transacting business under an assumed name.
L.1997,c.346,s.1.
56:8-2.26 Charging of discriminatory, unusual rates for towing, storage.
5. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to charge rates which are discriminatory or are not usual, customary and reasonable rates for the towing and storage of motor vehicles as provided in section 3 of P.L.1997, c.387 (C.40:48-2.54).
L.1997,c.387,s.5.
56:8-2.27 Sale of baby food, non-prescription drugs, cosmetics, certain; unlawful.
1. It shall be an unlawful practice for any person to sell or offer to sell to the public:
a. any non-prescription drug, infant formula or baby food, which is subject to expiration dating requirements issued by the federal Food and Drug Administration, if the date of expiration has passed; and
b. any infant formula or baby food which is subject to expiration dating requirements issued by the federal Food and Drug Administration, any non-prescription drug, or any cosmetic as defined in subsection h. of R.S.24:1-1, unless that person presents, within five days of the request, a written record of the purchase of that product, which record or invoice shall specifically identify the product being sold by the product name, quantity purchased, that quantity being denoted by item, box, crate, pallet or otherwise, and date of purchase and shall contain the complete name or business name, address and phone number of the person from whom that product was purchased. The provisions of this subsection shall not apply to a transaction involving less than $50 of product between persons selling that product in the same general market area on the same day.
L.1998,c.5,s.1.
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