Prohibits solicitation of business based on death notices and obituaries.
Impact
As a result of A3233, any person, business, or entity that violates this ban on solicitation would face legal repercussions including financial penalties. For a first offense, violators could incur a monetary penalty of up to $10,000, and subsequent offenses could lead to penalties of up to $20,000. Additionally, the Attorney General would have the authority to issue cease and desist orders against violators, further strengthening the enforcement of this new law. The bill supplements existing consumer protections as outlined in P.L.1960, c.39 (C.56:8-1 et seq.), thus enhancing the legal framework surrounding consumer fraud in New Jersey.
Summary
Assembly Bill A3233 seeks to prohibit the solicitation of business based on death notices and obituaries. This legislation is particularly aimed at protecting families during a sensitive time of loss, preventing businesses from exploiting situations associated with the death of a family member or tenant. The bill specifies that any solicitation originating from the publication of a death notice or obituary is considered an unlawful practice under the consumer fraud act, with a time frame of 90 days following the publication during which such solicitation is prohibited.
Contention
There may be some contention around how this law will be enforced and whether it could inadvertently restrict legitimate business practices that assist families in their time of need. Critics may argue that while the law aims to protect families, it could also lead to confusion regarding which forms of assistance and communication are permissible shortly after a death. Additionally, as businesses adapt to the new rules, there could be debates concerning the interpretation of what constitutes solicitation based on death notices and obituaries, as well as the implications for those navigating the grief process.
Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.
Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.