Prohibits solicitation of business based on death notices and obituaries.
Impact
If passed, A4705 would amend existing state laws under the Consumer Fraud Act, addressing how businesses can interact with consumers during sensitive periods such as the loss of a loved one. The legislation establishes that any solicitation occurring within the specified time frame would result in various legal repercussions, including substantial monetary penalties. First offenses could incur fines of up to $10,000, which could be doubled for subsequent offenses. Moreover, the act opens up a pathway for injured parties to seek additional damages, thus enhancing consumer protection in these vulnerable situations.
Summary
Assembly Bill A4705 aims to prohibit the solicitation of business based on death notices and obituaries. This legislation was introduced to address the concerns related to businesses targeting individuals who are grieving the loss of a family member. Specifically, the bill seeks to make it an unlawful practice for any person, business, or entity to solicit anyone for business based on the publication of a death notice or obituary, including from public records, within the first 90 days following that publication. This reflects a growing sensitivity toward ethical business practices in times of mourning.
Contention
While A4705 has garnered support based on ethical grounds, there may be contention regarding the impact of such regulations on lawful business practices. Critics could argue that stringent restrictions might limit legitimate services that could assist individuals during their time of need, creating a dilemma between protecting consumer rights and ensuring that helpful resources remain available. Additionally, there could be challenges in enforcement, as the parameters around defining solicitation during mourning may need further clarification to avoid ambiguity in what constitutes a violation.
Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.