reglab/housing_qa huggingface dataset:
NJ Rev Stat § 56:9-8 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-8 - Foreign corporations; violations; relief

56:9-8. Foreign corporations; violations; relief  Upon a violation of this act by a foreign corporation or association exercising the privilege of conducting business within this State, or upon a failure to comply with the terms of a final judgment or decree rendered by a court of this State issued for a violation of the provisions of this act, or to comply with a consent judgment or decree rendered by a court of this State concerning an alleged violation of this act, the Attorney General may institute appropriate proceedings for the revocation or suspension of franchises, privileges, and powers connected with doing business within the State. The court, in its discretion, and with due consideration of all relevant factors, including relevant public interests and competitive and economic factors, may order the revocation, suspend the privilege to conduct business for a specified period, deny relief, or provide other appropriate relief. A revocation shall have the same effect as a failure to qualify to do business in this State. L.1970, c. 73, s. 8, eff. May 21, 1970.
NJ Rev Stat § 56:9-10 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-10 - Injunctions and other relief; jurisdiction

56:9-10. Injunctions and other relief; jurisdiction  a. The Superior Court shall have jurisdiction to prevent and restrain violations of this act. The Attorney General may institute proceedings to prevent and restrain violations. In addition to granting prohibitory injunctions and other restraints for a period and upon terms and conditions necessary to deter the defendant from, and insure against, the committing of a future violation of this act, the court may grant mandatory injunctions reasonably necessary to restore and preserve competition in the trade or commerce affected by the violation. The court may issue temporary restraining orders or prohibitions and the court may proceed in a summary manner. b. Any person may institute proceedings for injunctive relief, temporary or permanent in the Superior Court against threatened loss or damage to his property or business by a violation of this act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. If the court issues a permanent injunction, the plaintiff shall be awarded reasonable attorneys' fees, filing fees and reasonable costs of suit. Reasonable costs of suit may include, but shall not be limited to the expenses of discovery and document reproduction. c. In addition to injunctive relief authorized pursuant to subsection a of this section, any person who violates the provisions of this act shall be liable to a penalty of not more than the greater of $100,000.00 or $500.00 per day for each and every day of said violation. L.1970, c. 73, s. 10, eff. May 21, 1970.
NJ Rev Stat § 56:9-11 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-11 - Violations, crime; grading.

56:9-11 Violations, crime; grading.  11. a. Any person who shall knowingly violate any of the provisions of P.L.1970, c.73 (C.56:9-1 et seq.) or knowingly aid or advise in such violation is guilty of a crime. b. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving or affecting trade or commerce of a value less than $1,000,000.00 shall be guilty of a crime of the third degree. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving or affecting trade or commerce of a value equal to or greater than $1,000,000.00 shall be guilty of a crime of the second degree. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving bid rigging on public contracts, regardless of the value of trade or commerce involved or affected, shall be guilty of a crime of the second degree. c. Notwithstanding the provisions of subsections a. and b. of N.J.S.2C:43-3, a person convicted of a crime of the second degree under this section shall be subject to a fine of not less than $50,000.00 nor more than $300,000.00, or, in the case of a corporation, partnership, or other business entity, be subject to a fine of not less than $250,000.00 nor more than $1,000,000.00, or imprisonment, or both, and a person convicted of a crime of the third degree under this section shall be subject to a fine of not less than $25,000.00 nor more than $150,000.00, or, in the case of a corporation, partnership, or other business entity, be subject to a fine of not less than $100,000.00 nor more than $300,000.00, or imprisonment, or both. L.1970,c.73,s.11; amended 1999, c.440, s.104.
NJ Rev Stat § 56:9-12 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-12 - Treble damage suit

56:9-12. Treble damage suit  a. Any person who shall be injured in his business or property by reason of a violation of the provisions of this act may sue therefor and shall recover threefold the damages sustained by him, together with reasonable attorneys' fees, filing fees and reasonable costs of suit. Reasonable costs of suit may include, but shall not be limited to the expenses of discovery and document reproduction. b. The State and any of its political subdivisions and public agencies shall be deemed a person within the meaning of this section. The Attorney General, on behalf of the State or any of its political subdivisions or public agencies, or the political subdivision or public agency at the direction of or with the permission of the Attorney General, may institute an action to recover the damages provided for by this section or by any comparable provisions of Federal law. L.1970, c. 73, s. 12, eff. May 21, 1970.
NJ Rev Stat § 56:9-13 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-13 - Final judgment in civil or criminal proceeding as prima facie evidence

56:9-13. Final judgment in civil or criminal proceeding as prima facie evidence  A final judgment heretofore or hereafter rendered in any civil or criminal proceeding brought by the State for violation of this act to the effect that a defendant has violated said act shall be prima facie evidence against such defendant in any proceeding brought by any other party against such defendant pursuant to section 12 of this act, as to all matters with respect to which said judgment or decree would be an estoppel as between the parties thereto; provided, that this section shall not apply to consent judgments or decrees entered before any testimony has been taken, or to judgments or decrees entered in actions brought under section 12 of this act. L.1970, c. 73, s. 13, eff. May 21, 1970. Amended by L.1972, c. 37, s. 1, eff. May 25, 1972.
NJ Rev Stat § 56:9-14 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-14 - Limitation period

56:9-14. Limitation period  Any action brought to enforce the provisions of this act shall be barred unless commenced within 4 years after the cause of action arose, or if the cause of action is based upon a conspiracy in violation of this act, within 4 years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered the facts relied upon for proof of the conspiracy. No cause of action barred on the effective date of this act shall be revived by this act. For the purpose of this section, a cause of action for a continuing violation is deemed to arise at any time during the period of such violation. L.1970, c. 73, s. 14, eff. May 21, 1970.
NJ Rev Stat § 56:9-15 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-15 - Suspension of limitations period

56:9-15. Suspension of limitations period  Whenever any civil or criminal proceeding shall be commenced by the State to prevent, restrain or punish a violation of this act, but not including an action brought by the State under section 12 of this act, the running of the statute of limitations in respect of every private right of action arising under this act and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for 1 year thereafter; provided that whenever the running of the statute of limitations in respect of a cause of action arising under section 12 shall be suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within 4 years after the cause of action accrued, whichever is later. L.1970, c. 73, s. 15, eff. May 21, 1970.
NJ Rev Stat § 56:9-16 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-16 - Cumulative remedies

56:9-16. Cumulative remedies  The remedies provided in this act shall be cumulative. L.1970, c. 73, s. 16, eff. May 21, 1970.
NJ Rev Stat § 56:9-17 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-17 - Cooperation with Federal Government and with other states

56:9-17. Cooperation with Federal Government and with other states  The Attorney General may cooperate with officials of the Federal Government and the several states in the enforcement of this act. L.1970, c. 73, s. 17, eff. May 21, 1970.
NJ Rev Stat § 56:9-18 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-18 - Uniform construction

56:9-18. Uniform construction  This act shall be construed in harmony with ruling judicial interpretations of comparable Federal antitrust statutes and to effectuate, insofar as practicable, a uniformity in the laws of those states which enact it. L.1970, c. 73, s. 18, eff. May 21, 1970.
NJ Rev Stat § 56:9-19 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:9-19 - Appropriation

56:9-19. Appropriation  There is hereby appropriated out of the General State Fund to the Department of Law and Public Safety for the purpose of this act the sum of $100,000.00 for the period ending June 30, 1971, which sum shall be returned to the General State Fund from the sums derived from litigation instituted by the Attorney General under this act or the antitrust laws of the United States, as determined by the Director of the Division of Budget and Accounting. In addition to the sum hereinabove appropriated, there are hereby appropriated as a revolving fund the sums derived as aforesaid for the purpose of paying any additional expenses incurred by the Attorney General in the administration of this act or litigation instituted under the antitrust laws of the United States, provided, however, that the expenditure of such additional sums shall first be approved by the Director of the Division of Budget and Accounting and the Legislative Budget and Finance Director in the same manner as transfers of appropriations are approved. L.1970, c. 73, s. 19, eff. May 21, 1970.
NJ Rev Stat § 56:10-1 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-1 - Short title

56:10-1. Short title  This act shall be known and may be cited as the "Franchise Practices Act." L.1971, c. 356, s. 1, eff. Dec. 21, 1971.
NJ Rev Stat § 56:10-2 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-2 - Legislative findings.

56:10-2 Legislative findings.  2. The Legislature finds and declares that distribution and sales through franchise arrangements in the State of New Jersey vitally affects the general economy of the State, the public interest and the public welfare. It is therefore necessary in the public interest to define the relationship and responsibilities of franchisors and franchisees in connection with franchise arrangements and to protect franchisees from unreasonable termination by franchisors that may result from a disparity of bargaining power between national and regional franchisors and small franchisees. The Legislature finds that these protections are necessary to protect not only retail businesses, but also wholesale distribution franchisees that, through their efforts, enhance the reputation and goodwill of franchisors in this State. Further, the Legislature declares that the courts have in some cases more narrowly construed the Franchise Practices Act than was intended by the Legislature. L.1971, c.356, s.2; amended 2009, c.235, s.1.
NJ Rev Stat § 56:10-3 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-3 - Definitions.

56:10-3 Definitions.  3. As used in this act: a. "Franchise" means a written arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trade mark, service mark, or related characteristics, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise. b. "Person" means a natural person, corporation, partnership, trust, or other entity and, in case of an entity, it shall include any other entity which has a majority interest in such entity or effectively controls such other entity as well as the individual officers, directors, and other persons in active control of the activities of each such entity. c. "Franchisor" means a person who grants a franchise to another person. d. "Franchisee" means a person to whom a franchise is offered or granted. e. "Sale, transfer or assignment" means any disposition of a franchise or any interest therein, with or without consideration, to include but not be limited to bequest, inheritance, gift, exchange, lease or license.  f. "Place of business" means a fixed geographical location at which the franchisee displays for sale and sells the franchisor's goods or offers for sale and sells the franchisor's services. Place of business shall not mean an office, a warehouse, a place of storage, a residence or a vehicle, except that with respect to persons who do not make a majority of their sales directly to consumers, "place of business" means a fixed geographical location at which the franchisee displays for sale and sells the franchisor's goods or offers for sale and sells the franchisor's services, or an office or a warehouse from which franchisee personnel visit or call upon customers or from which the franchisor's goods are delivered to customers. L.1971, c.356, s.3; amended 2009, c.235, s.2.
NJ Rev Stat § 56:10-4 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-4 - Application of act

56:10-4. Application of act  4. This act applies only: a. to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of New Jersey, (2) where gross sales of products or services between the franchisor and franchisee covered by such franchise shall have exceeded $35,000.00 for the 12 months next preceding the institution of suit pursuant to this act, and (3) where more than 20% of the franchisee's gross sales are intended to be or are derived from such franchise; or  b. to a franchise for the sale of new motor vehicles as defined in R.S.39:10-2, the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of New Jersey.  L.1971,c.356,s.4; amended 1993,c.189,s.1.
NJ Rev Stat § 56:10-5 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-5 - Termination of franchise; notice; grounds

56:10-5. Termination of franchise; notice; grounds  It shall be a violation of this act for any franchisor directly or indirectly through any officer, agent, or employee to terminate, cancel, or fail to renew a franchise without having first given written notice setting forth all the reasons for such termination, cancellation, or intent not to renew to the franchisee at least 60 days in advance of such termination, cancellation, or failure to renew, except (1) where the alleged grounds are voluntary abandonment by the franchisee of the franchise relationship in which event the aforementioned written notice may be given 15 days in advance of such termination, cancellation, or failure to renew; and (2) where the alleged grounds are the conviction of the franchisee in a court of competent jurisdiction of an indictable offense directly related to the business conducted pursuant to the franchise in which event the aforementioned termination, cancellation or failure to renew may be effective immediately upon the delivery and receipt of written notice of same at any time following the aforementioned conviction. It shall be a violation of this act for a franchisor to terminate, cancel or fail to renew a franchise without good cause. For the purposes of this act, good cause for terminating, canceling, or failing to renew a franchise shall be limited to failure by the franchisee to substantially comply with those requirements imposed upon him by the franchise. L.1971, c. 356, s. 5, eff. Dec. 21, 1971.
NJ Rev Stat § 56:10-6 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-6 - Transfer of franchise; notice; approval; agreement of compliance

56:10-6. Transfer of franchise; notice; approval; agreement of compliance  It shall be a violation of this act for any franchisee to transfer, assign or sell a franchise or interest therein to another person unless the franchisee shall first notify the franchisor of such intention by written notice setting forth in the notice of intent the prospective transferee's name, address, statement of financial qualification and business experience during the previous 5 years. The franchisor shall within 60 days after receipt of such notice either approve in writing to the franchisee such sale to proposed transferee or by written notice advise the franchisee of the unacceptability of the proposed transferee setting forth material reasons relating to the character, financial ability or business experience of the proposed transferee. If the franchisor does not reply within the specified 60 days, his approval is deemed granted. No such transfer, assignment or sale hereunder shall be valid unless the transferee agrees in writing to comply with all the requirements of the franchise then in effect. L.1971, c. 356, s. 6, eff. Dec. 21, 1971.
NJ Rev Stat § 56:10-6.2 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-6.2 - Inapplicability of act to certain distributors.

56:10-6.2 Inapplicability of act to certain distributors.  2. The provisions of P.L.2009, c.63 (C.56:10-6.1 et seq.) pertaining to franchisors shall not apply to any distributor which owns or otherwise controls through lease, fewer than 40 premises. For purposes of this section, "distributor" means any person, including any affiliate of such person, who: (1) purchases motor fuel for sale, consignment, or distribution to another; or (2) receives motor fuel for consignment or distribution to the person's or affiliate's own motor fuel accounts, but shall not include a person who merely serves as a common carrier providing transportation services for another. L.2009, c.63, s.2.
NJ Rev Stat § 56:10-6.3 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-6.3 - Inapplicability of act relative to family members.

56:10-6.3 Inapplicability of act relative to family members.  3. The provisions of P.L.2009, c.63 (C.56:10-6.1 et seq.) shall not apply to the sale, transfer, or assignment of one or more franchise premises from one family member to another family member. For the purposes of this section, "family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption. L.2009, c.63, s.3.
NJ Rev Stat § 56:10-6.4 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-6.4 - Severability.

56:10-6.4 Severability.  4. If any provision of P.L.2009, c.63 (C.56:10-6.1 et seq.) or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of P.L.2009, c.63 (C.56:10-6.1 et seq.) and the application of its provisions to persons or circumstances other than those with respect to whom or which it is held invalid shall not be affected thereby. L.2009, c.63, s.4.
NJ Rev Stat § 56:10-7 (2021)
2021 New Jersey Revised Statutes|Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices|Section 56:10-7 - Prohibited practices.

56:10-7 Prohibited practices.  7. It shall be a violation of this act for any franchisor, directly or indirectly, through any officer, agent or employee, to engage in any of the following practices: a. To require a franchisee at time of entering into a franchise arrangement to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by this act. b. To prohibit directly or indirectly the right of free association among franchisees for any lawful purpose. c. To require or prohibit any change in management of any franchisee unless such requirement or prohibition of change shall be for good cause, which cause shall be stated in writing by the franchisor. d. To restrict the sale of any equity or debenture issue or the transfer of any securities of a franchise or in any way prevent or attempt to prevent the transfer, sale or issuance of equity securities or debentures to employees, personnel of the franchisee, or spouse, child or heir of an owner, as long as basic financial requirements of the franchisor are complied with, and provided any such sale, transfer or issuance does not have the effect of accomplishing a sale or transfer of control, including, but not limited to, change in the persons holding the majority voting power of the franchise. Nothing contained in this subsection shall excuse a franchisee's obligation to provide prior written notice of any change of ownership to the franchisor if that notice is required by the franchise. e. To impose unreasonable standards of performance upon a franchisee. f. To provide any term or condition in any lease or other agreement ancillary or collateral to a franchise, which term or condition directly or indirectly violates this act. L.1971,c.356,s.7; amended 1999, c.45, s.1.