reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-173 - No violation to serve solely as intermediary.

56:8-173 No violation to serve solely as intermediary.
6. An Internet service provider does not violate this act solely as a result of serving as an intermediary for the transmission of electronic messages between members of an Internet dating service.
L.2007, c.272, s.6.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-174 - Rules, regulations.

56:8-174 Rules, regulations.
7. The director, in consultation with the Attorney General and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.2007, c.272, s.7.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-177 - Certain cards not to be offered for sale.

56:8-177 Certain cards not to be offered for sale.
3. Prepaid calling card retailers shall not sell or offer for sale any prepaid calling card that the retailer knows provides fewer minutes than the number of minutes promoted or advertised for that card, including the number of minutes listed on the card, any advertising or point of sale material related to the card or any voice prompt indicating the number of minutes available for a call with the card.
L.2007, c.293, s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-178 - Violation deemed unlawful practice; remedies, penalties.

56:8-178 Violation deemed unlawful practice; remedies, penalties.
4. A violation of any provision of this act shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) and shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
L.2007, c.293, s.4.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-179 - Report to Governor, Legislature.

56:8-179 Report to Governor, Legislature.
5. Not later than 18 months after the date of adoption of regulations implementing this act, the division shall issue a report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the activities of the division, including their quantitative results, in enforcing this act and any recommendations for additional legislation regulating the industry.
L.2007, c.293, s.5.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-180 - Rules, regulations.

56:8-180 Rules, regulations.
6. The Director of the Division of Consumer Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the purposes of this act.
L.2007, c.293, s.6.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-181 - Effective date; applicability of act.

56:8-181 Effective date; applicability of act.
7. This act shall take effect on the first day of the seventh month next following enactment, but the director may take such anticipatory action in advance of that date as may be necessary for the timely implementation of this act. This act shall not apply to prepaid calling cards and point-of-sale materials related to those prepaid calling cards printed prior to the effective date. The act shall apply to any prepaid calling card printed after the effective date and to any advertisement, promotion, point-of-sale material or voice prompt that is created, aired, printed, distributed, or otherwise disseminated on or after the effective date.
L.2007, c.293, s.7.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-185 - Definitions relative to international labor matching, matchmaking organizations.

56:8-185 Definitions relative to international labor matching, matchmaking organizations.
1. As used in this act:
"Client" means a resident of this State for whom an international labor matching organization seeks to locate labor assistance from non-citizens residing outside the country or for whom an international matchmaking organization renders dating, matrimonial or social referral services involving citizens of a foreign country.
"Criminal history record background check" means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
"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.
"International labor matching organization" means a corporation, partnership, sole proprietorship, or other entity that does business in the United States, whose primary purpose is to offer to State residents, opportunities to locate labor assistance from foreign recruits residing outside the country for the purpose of bringing the foreign recruit to the State.
"International matchmaking organization" means a corporation, partnership, sole proprietorship, or other entity that does business in the United States and whose primary purpose is offering, including to State residents, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, such as (1) an exchange of names, telephone numbers, addresses, or statistics; (2) a selection of photographs; or (3) a social environment in a country other than the United States. The term shall not include an on-line personal services organization.
"On-line personal services organization" means a corporation, partnership, sole proprietorship, or other entity that does business in the United States and for profit provides an on-line forum for persons to post personal profiles as a means of self-referral for dating, matrimonial, or other social purpose.
"Recruit" means a noncitizen, nonresident person that is recruited by an international labor matching organization for the purpose of bringing the laborer to the State or by an international matchmaking organization for the purpose of providing dating, matrimonial or social referral services.
L.2009, c.152, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-186 - Criminal history record background checks condition for employment.

56:8-186 Criminal history record background checks condition for employment.
2. a. The division shall initiate criminal history record background checks of present and prospective owners and employees of an international labor matching organization or an international matchmaking organization.
b. No person shall own or be employed by an international labor matching organization or an international matchmaking organization unless the division certifies that the person has no criminal history record of a conviction for an offense enumerated in subsection d. of this section.
c. No international labor matching organization or international matchmaking organization shall employ a person who has not been certified pursuant to subsection b. of this section.
d. A person subject to subsection b. of this section whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from owning or being employed by an international labor matching organization or an international matchmaking organization:
(1) If the conviction was in New Jersey for a crime:
(a) involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or
(b) against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq. or the "Prevention of Domestic Violence Act," P.L.1991, c.261 (C.2C:25-17 et seq.); or
(c) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or
(d) involving any controlled dangerous substance or analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10; or
(e) involving terrorism as set forth in the "September 11th, 2001 Anti-Terrorism Act," P.L.2002, c.26 (C.2C:38-1 et seq.); or
(f) involving prostitution and related offenses as set forth in N.J.S.2C:34-1.
(2) If the conviction was in any other state or jurisdiction for conduct constituting any of the crimes described in paragraph (1) of this subsection.
L.2009, c.152, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-187 - Certification as qualified to own enterprise.

56:8-187 Certification as qualified to own enterprise.
3. a. Every owner or prospective owner of an international labor matching organization or an international matchmaking organization shall apply to the director to be certified as qualified to own the enterprise.
b. Every owner of an international labor matching organization or an international matchmaking organization shall apply to the director to have certified as qualified any person who will be employed by the enterprise.
c. The owner of an international labor matching organization or an international matchmaking organization shall apply to the director, within 90 days of the effective date of this act, for the certifications of persons employed by the enterprise on the effective date. These persons shall be permitted to continue their employment pending the completion of the certification process.
d. An application for certification shall be accompanied by the fee required to perform a criminal history record background check.
e. The international labor matching organization or international matchmaking organization shall retain a copy of the certification of persons subject to certification under this act. The certifications shall be made available upon request to interested members of the public.
L.2009, c.152, s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-188 - Authorization for receipt of criminal history record information.

56:8-188 Authorization for receipt of criminal history record information.
4. a. The director is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
b. The Division of State Police in the Department of Law and Public Safety, upon the request of the director, shall conduct a criminal history record background check requested by the director in accordance with the provisions of this act. The check shall be performed only upon certification by the director that the person has submitted to the director the person's name, address, fingerprints and written consent for a criminal history record background check to be performed.
For the purpose of conducting the criminal history record background check, the State Police shall examine its own files and arrange for a similar examination of federal criminal records. The information obtained as a result of any such check shall be forwarded to the director.
L.2009, c.152, s.4.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-189 - Written consent for criminal history record background check.

56:8-189 Written consent for criminal history record background check.
5. a. The division shall not initiate a criminal history record background check pursuant to this act without the written consent of the person. The consent required under this section shall be in a manner and form prescribed by the director and shall include, but not be limited to, the signature, name, address and fingerprints of the person.
b. Upon receiving the results of a criminal history record background check, the director shall promptly notify any person who has not been convicted of a disqualifying offense. Along with that notice, the director shall forward a certification stating that the person has been subjected to a criminal history record background check and that the check has not revealed any record that the person has been convicted of a disqualifying offense. The certificate shall be in a form and contain any additional information as the director may prescribe by rule and regulation.
c. The director shall promptly notify a person whose criminal history record background check reveals a disqualifying criminal conviction of the results of the background check. The person shall have 30 days from the receipt of that notice to petition the director for a review and cite reasons substantiating the review. If the person successfully challenges the accuracy of the criminal history record information indicating a criminal conviction or the person demonstrates affirmatively to the director clear and convincing evidence of rehabilitation, the director may issue a certificate indicating that the person has successfully cleared a background check.
In determining whether the rehabilitation of a person has been affirmatively demonstrated, the director shall consider:
(1) The nature and seriousness of the offense;
(2) The circumstances under which the offense occurred;
(3) The date of the offense;
(4) The age of the person when the offense was committed;
(5) Whether the offense was repeated;
(6) Social conditions which may have contributed to the offense; and
(7) Any evidence of rehabilitation, including good conduct in the community; counseling, psychological or psychiatric treatment; additional academic or vocational training; or personal recommendations.
d. The director shall not certify a person subject to the provisions of this act who refuses to consent to, or cooperate in, the securing of a criminal history record background check.
L.2009, c.152, s.5.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-190 - Information provided to recruits of international matchmaking organization.

56:8-190 Information provided to recruits of international matchmaking organization.
6. An international matchmaking organization conducting business in this State shall provide all recruits with the telephone numbers for the Statewide Domestic Violence Hotline and the National Domestic Violence Hotline and shall provide recruits with basic information concerning domestic violence. This may include information on what is considered domestic violence, statistics concerning domestic violence, legal rights of persons in abusive relationships and suggestions about what to do in the event of domestic violence.
L.2009, c.152, s.6.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-191 - Public education program.

56:8-191 Public education program.
7. The division shall develop and undertake a public education program designed to inform the citizens of this State of the provisions of this act. A component of this program shall be the establishment and maintenance of a file of certifications granted by the director in accordance with the provisions of this act. The certifications shall be made available to interested members of the public upon request. The program also shall publicize those international labor matching organizations and international matchmaking organizations which are in compliance with the provisions of this act.
L.2009, c.152, s.7.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-192 - Registration, fee.

56:8-192 Registration, fee.
8. The division may require an international labor matching organization or an international matchmaking organization operating in this State to register with the division and to pay an annual registration fee sufficient to defray the cost of administering this act.
L.2009, c.152, s.8.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-193 - Criminal history, provision required before information provided to recruit.

56:8-193 Criminal history, provision required before information provided to recruit.
9. a. Upon receipt of a request for information from a recruit, an international labor matching organization or an international matchmaking organization shall refrain from providing any further services to the recruit or the client with regard to facilitating future interaction between the recruit and the client until the client has submitted to the organization the complete transcript of any criminal history record obtained from the State Bureau of Identification in the Division of State Police consistent with applicable State and Federal laws, rules and regulations. The client shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
b. The Division of State Police shall promptly notify the director if the person who was the subject of a criminal history record background check pursuant to subsection a. of section 2 of this act is convicted of a disqualifying crime or offense in this State after the date the background check was performed.
L.2009, c.152, s.9.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-194 - Violations.

56:8-194 Violations.
10. It is a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate a provision of this act.
L.2009, c.152, s.10.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-195 - Rules, regulations.

56:8-195 Rules, regulations.
11. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate and enforce rules and regulations to effectuate the purposes of this act.
L.2009, c.152, s.11.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-197 - Restrictions for health insurance carrier relative to certain computerized records.

56:8-197 Restrictions for health insurance carrier relative to certain computerized records.
2. a. A health insurance carrier shall not compile or maintain computerized records that include personal information, unless that information is secured by encryption or by any other method or technology rendering the information unreadable, undecipherable, or otherwise unusable by an unauthorized person. Compliance with this section shall require more than the use of a password protection computer program, if that program only prevents general unauthorized access to the personal information, but does not render the information itself unreadable, undecipherable, or otherwise unusable by an unauthorized person operating, altering, deleting, or bypassing the password protection computer program.
b. This section shall only apply to end user computer systems and computerized records transmitted across public networks.
L.2014, c.88, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-198 - Violation, unlawful practice.

56:8-198 Violation, unlawful practice.
3. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act.
L.2014, c.88, s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-199 - Violations, unlawful practice.

56:8-199 Violations, unlawful practice.
2. A violation of the provisions of subsection b. or c. of section 1 of P.L.2015, c.121 (C.2C:21-7.5) shall be an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.). Each manufacture, importation, installation, reinstallation, sale, or offer for sale shall constitute a separate and distinct violation.
L.2015, c.121, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-200 - Escrow agent evaluation services, charging certain fees prohibited.

56:8-200 Escrow agent evaluation services, charging certain fees prohibited.
1. a. It shall be an unlawful practice for any person or entity to prepare a report for use by a mortgage lender in evaluating the capacity of an escrow agent to perform real estate settlement services, in exchange for a fee charged to that escrow agent.
b. As used in this section, "escrow agent" means an independent person, including an independent bonded escrow company, an independent financial institution whose accounts are insured by a governmental agency or instrumentality, an independent licensed title insurance agent, or an attorney licensed to practice law in this State, who is responsible for the receipt of any written instrument, money, evidence of title to real or personal property, or other thing of value to be held until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered in connection with the transfer of real estate.
L.2015, c.196, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-201 - Definitions relative to coin redemption machine fees.

56:8-201 Definitions relative to coin redemption machine fees.
1. As used in this act:
"Coin redemption machine" means a device that accepts, sorts, and counts coins deposited by a consumer and provides the consumer with a cash refund or refundable voucher.
"Operator" means any person, partnership, corporation or other organization that operates a coin redemption machine.
L.2015, c.267, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-202 - Notice of fee required.

56:8-202 Notice of fee required.
2. No operator shall charge a fee to a consumer for the consumer's use of a coin redemption machine unless a notice is prominently displayed on the coin redemption machine disclosing to the consumer:
a. If a fee will be imposed for providing the coin redemption service; and
b. The amount of any fee.
L.2015, c.267, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-203 - Violations; penalties, unlawful practice.

56:8-203 Violations; penalties, unlawful practice.
3. An operator in violation of section 2 of this act shall be subject to a civil penalty of up to $1,000 for a first offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A second violation of section 2 of this act is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a first offense under P.L.1960, c.39 (C.56:8-1 et seq.).
A third or subsequent violation of section 2 of this act is an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this section shall be considered a subsequent offense under P.L.1960, c.39 (C.56:8-1 et seq.).
An action to recover a penalty under this act may not be maintained as a class action.
L.2015, c.267, s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-204 - Rules, regulations.

56:8-204 Rules, regulations.
4. The Director of the Division of Consumer Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the purposes of this act.
L.2015, c.267, s.4.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-205 - Definitions relative to motor vehicle payment assurance devices.

56:8-205 Definitions relative to motor vehicle payment assurance devices.
1. As used in this act:
"Consumer" means a purchaser or lessee of a motor vehicle normally used for personal, family, or household purposes.
"Creditor" means a dealer or lender, or any assignee of a dealer or lender.
"Dealer" means a person who is licensed as a motor vehicle dealer or leasing dealer under R.S.39:10-19 and actively engaged in the business of buying, selling, exchanging, or leasing new or used motor vehicles at retail and who has an established place of business.
"Financing agreement" means an agreement, through a bargained communication or written contract, of an extension of a loan or other line of credit by a lender to a borrower toward the purchase of a motor vehicle.
"Lease agreement" has the same meaning as defined in section 2 of P.L.1988, c.123 (C.56:12-30).
"Lender" means an agent, officer, director, and employee of a lender, or any person who solicits, arranges for, or otherwise participates or assists in the making of loans, or in any way acts as an intermediary between a borrower and a lender in effecting loans related to the sale or lease of a motor vehicle.
"Lessee" has the same meaning as defined in section 2 of P.L.1988, c.123 (C.56:12-30).
"Motor vehicle" has the same meaning as defined in R.S.39:1-1.
"Payment assurance device" means a device installed on a motor vehicle with global positioning system capability, starter interrupt capability allowing for the remote enabling or disabling of the motor vehicle, or both, and which is installed pursuant to a motor vehicle consumer's financing agreement or lease agreement.
L.2017, c.37, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-206 - Installation of payment assurance device on motor vehicle.

56:8-206 Installation of payment assurance device on motor vehicle.
2. a. No person other than a creditor may install or have installed a payment assurance device on a motor vehicle.
b. A creditor may install or have installed a payment assurance device on a motor vehicle only if:
(1) Prior to or at the time the motor vehicle is purchased or leased, the creditor provides, and the consumer acknowledges in writing the receipt of, written notification of the installation of the payment assurance device, which shall include, but is not limited to, a statement in at least 10-point boldface type indicating that the motor vehicle is equipped with a device that the creditor can use to remotely disable the vehicle, advising the consumer of the grace period and warning provided for in paragraphs (3) and (4) of this subsection, and identifying the name, address, and a telephone number of the creditor;
(2) The consumer is not billed or charged a fee for the installation of the device;
(3) The creditor or an agent thereof does not remotely disable the motor vehicle until the consumer is in default on any term under the financing agreement or lease agreement, including but not limited to the periodic payment due on the purchase or lease, for five or more calendar days on a financing agreement or lease agreement whose terms call for at least one weekly payment or for 10 or more calendar days on any other financing agreement or lease agreement;
(4) The consumer is provided a warning no less than 72 hours before the motor vehicle is disabled remotely, and the warning is transmitted by the creditor through at least two modes of communication, such as by email, mail, telephone, text message, or through the payment assurance device or motor vehicle, provided that the warning method shall not violate any applicable State or federal law;
(5) The payment assurance device cannot remotely disable the motor vehicle while it is being operated; and
(6) The consumer in default is provided with the ability to start a remotely disabled motor vehicle and use it for a period of at least 48 hours.
c. A violation of the provisions of subsection a. of this section by a creditor is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).
L.2017, c.37, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-207 - Certain baby monitors required to include security features.

56:8-207 Certain baby monitors required to include security features.
1. a. A baby monitor that broadcasts audio or video through an Internet connection and is manufactured, sold, offered for sale, or distributed in this State shall:
(1) provide end-to-end encryption;
(2) provide Certificate-based Authentication for manufacturer access when obtaining updates, registering, or relaying audio or video between Internet servers;
(3) prohibit unauthenticated access, including prohibiting implied third-party trusted access;
(4) prevent a consumer from disabling security measures; and
(5) include conspicuous and easily understandable instructions supplied by the manufacturer notifying consumers about the proper use of the baby monitor and its security enhancement.
b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to manufacture, sell, offer for sale, or distribute any baby monitor that does not meet the requirements of subsection a. of this section.
c. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Children and Families, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.
d. For the purposes of this section, "baby monitor" means a device that is marketed exclusively for the purpose of broadcasting audio or video of an infant or child. The term shall not include a multi-functional device such as a smart phone, digital video camera, security camera, or other similar device.
L.2017, c.81, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-208 - Definitions relative to deed procurement services.

56:8-208 Definitions relative to deed procurement services.
1. As used in this act:
"Deed" means a written instrument entitled to be recorded in the office of a county recording officer which purports to convey or transfer title to a freehold interest in any lands, tenements, or other realty in this State by way of grant or bargain and sale thereof from the named grantor to the named grantee. A leasehold interest for 99 years or more or a proprietary lease of a cooperative unit and any assignment of a proprietary lease of a cooperative unit, shall be treated as a "freehold" for the purpose of this act. Instruments providing for common driveways; for exchanges of easements or rights-of-way; for revocable licenses to use, to adjust, or to clear defects of or clouds on title; to provide for utility service lines such as drainage, sewerage, water, electric, telephone, or other such service lines; or to quitclaim possible outstanding interests, shall not be "deeds" for the purposes of this act.
"Deed procurement services" means the provision by a non-governmental entity of one or more copies of deeds for lands, tenements, or other realty in this State to a property owner, for a fee in excess of the amount authorized under Title 22A of the New Jersey Statutes that the county clerk's office assesses for providing copies of deeds, and not in relation to the transfer or sale of, or the mortgage origination, mortgage servicing, mortgage refinancing, property tax servicing, or other action initiated by or on behalf of the owner with respect to, such lands, tenements, or realty.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. L.2017, c.251, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-209 - Unlawful practice, violation.

56:8-209 Unlawful practice, violation.
2. a. 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:
(1) use a written form of communication to solicit clients for deed procurement services unless the written form of communication displays, in a clear, conspicuous, and prominent manner and makes the information stand out from the rest of the text of the communication, the address and telephone number of the appropriate county clerk's office through which the recipient could obtain a copy of the deed directly, the amount of the fee provided for in Title 22A of the New Jersey Statutes that the county clerk's office assesses for providing copies of deeds, and any other language that the director may prescribe by regulation; or
(2) create a false impression in a solicitation for deed procurement services that the recipient is in any way legally required to use the person's services in order to obtain a copy of a deed.
b. Any person who uses a written form of communication to solicit clients for deed procurement services shall, at least 15 days prior to distribution, provide a copy of such written form of communication to the county clerk's office in each of the counties in which the written form of communication will be distributed.
L.2017, c.251, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-210 - Rules, regulations.

56:8-210 Rules, regulations.
3. The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.
L.2017, c.251, s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-211 - Leasing of dogs and cats prohibited; violations, penalties; exceptions.

56:8-211 Leasing of dogs and cats prohibited; violations, penalties; exceptions.
1. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a pet dealer, as defined in section 2 of P.L.1999, c.336 (C.56:8-93), to enter into a:
(1) contract for a cat or dog in which the transfer of ownership of the animal is contingent on the making of payments over a period of time subsequent to the transfer of possession of the animal, unless these payments are on an unsecured loan for the purchase of the animal; or
(2) lease agreement that provides for or offers the option of transferring ownership of a cat or dog at the end of the lease term.
b. Notwithstanding the provisions of section 1 of P.L.1966, c.39 (C.56:8-13) to the contrary, a pet dealer who violates this section shall be liable for the following penalties:
(1) for a first offense, a penalty of not more than $10,000; and
(2) for a second or subsequent offense, a penalty of not more than $30,000.
c. In addition to any other remedies provided by P.L.1960, c.39 (C.56:8-1 et seq.) or any other applicable law, a consumer taking possession of a cat or dog pursuant to a contract or lease as described in subsection a. of this section shall be deemed the owner of the cat or dog, shall have a civil cause of action in any court of competent jurisdiction, and shall be entitled to recover all moneys paid by the consumer, litigation costs, and reasonable attorney's fees.
d. The provisions of this section shall not apply to, and shall not prohibit the temporary leasing or rental of the following animals, provided the animals are used in accordance with applicable federal, State and local animal protection laws:
(1) A purebred cat or dog which is leased for the express purpose of breeding pursuant to a written lease recorded with a national purebred dog or cat registry, and which lease is for a specific time and has an established end-date; or
(2) An animal trained or utilized to perform tasks, including, but not limited to, guide dogs, security dogs, law enforcement dogs, and other assistance animals.
L.2019, c.234, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-212 - Definitions relative to annual report filing services.

56:8-212 Definitions relative to annual report filing services.
1. As used in this act:
"Annual report" means a report filed every year to the Department of the Treasury by a for-profit corporation, a non-profit corporation, limited partnership, limited liability partnership, or limited liability company pursuant to N.J.S.14A:4-5; N.J.S.15A:4-5; section 66 of P.L.1983, c.489 (C.42:2A-69); section 49 of P.L.2000, c.161 (C.42:1A-49); or section 26 of P.L.2012, c.50 (C.42:2C-26).
"Annual report filing services" means the filing of an annual report by a non-governmental entity on behalf of a for-profit corporation, a non-profit corporation, limited partnership, limited liability partnership, or limited liability company for a fee in excess of the amount authorized under the relevant statute.
"Director" means the Director of the Division of Revenue and Enterprise Services in the Department of the Treasury.
L.2019, c.488, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-213 - Unlawful practice, violation.

56:8-213 Unlawful practice, violation.
2. a. 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:
(1) use a written form of communication to solicit clients for annual report filing services unless the written form of communication displays, in a clear, conspicuous, and prominent manner and makes the information stand out from the rest of the text of the communication, the URL address of the Department of the Treasury's Internet web site through which the recipient could file an annual report directly, the amount of the fee that the Department of the Treasury's office assesses for filing annual reports, and any other language that the director may prescribe by regulation; or
(2) create a false impression in a solicitation for annual report filing services that the recipient is in any way legally required to use the person's services in order to file an annual report.
b. Any person who uses a written form of communication to solicit clients for annual report filing services shall, at least 15 days prior to distribution, provide a copy of such written form of communication to the Department of the Treasury.
L.2019, c.488, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-217 - Responsibilities of online education service.

56:8-217 Responsibilities of online education service.
3. An operator of an online education service shall:
a. implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information;
b. protect that information from unauthorized access, destruction, use, modification, or disclosure; and
c. delete covered information at the request of a K-12 school or a school district overseeing the student's education through the service or a student who has subsequently reached the age of majority, unless a student after having reached the age of majority or parent or guardian requests that the operator maintain the covered information.
L.2017, c.494, s.3.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-218 - Construction of act.

56:8-218 Construction of act.
4. Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to prohibit an operator of an online education service from using de-identified data to:
a. improve the educational products within the service owned by the operator;
b. demonstrate the effectiveness of the operator's products or services, including their marketing;
c. develop or improve websites, online services, or online or mobile applications for K-12 school purposes;
d. use a recommendation engine to recommend to a student additional content or services concerning an educational or employment opportunity purpose on an Internet website, online service, online computer application, or mobile application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or
e. respond to a student's request for information or for feedback if the information or response is not determined, in whole or in part, by payment or other consideration from a third party.
L.2017, c.494, s.4.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-219 - Construction of act.

56:8-219 Construction of act.
5. Nothing in P.L.2019, c.494 (C.56:8-215 et seq.) shall be construed to:
a. limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;
b. limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;
c. apply to general audience Internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's website, service, or application may be used to access those general audience websites, services, or applications;
d. limit service providers from providing Internet connectivity to schools or students and their families;
e. prohibit an operator from marketing educational products directly to parents or guardians if the marketing did not result from the use of covered information obtained by the operator through the provision of services pursuant to P.L.2019, c.494 (C.56:8-215 et seq.);
f. impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with P.L.2019, c.494 (C.56:8-215 et seq.) on the software of applications;
g. impose a duty upon a provider of an interactive computer service to review or enforce compliance with P.L.2019, c.494 (C.56:8-215 et seq.) by a third-party content provider; or
h. prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents.
L.2017, c.494, s.5.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-220 - Unlawful practice.

56:8-220 Unlawful practice.
6. It shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) for an operator of an online education service to violate the provisions of P.L.2019, c.494 (C.56:8-215 et seq.), or any rule or regulation adopted pursuant thereto.
L.2017, c.494, s.6.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-221 - Rules, regulations.

56:8-221 Rules, regulations.
7. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of P.L.2019, c.494 (C.56:8-215 et seq.).
L.2017, c.494, s.7.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-222 - Findings, declarations relative to return of certain items purchased during a state of emergency.

56:8-222 Findings, declarations relative to return of certain items purchased during a state of emergency.
1. a. The Legislature finds and declares that in response to the state of emergency and the public health emergency resulting from the COVID-19 pandemic, consumers have purchased large quantities of products in order to prepare for a possible quarantine or isolation period. The Centers for Disease Control and Prevention (CDC) had advised that COVID-19 may be spread from person-to-person from contaminated surfaces. The CDC further advised that COVID-19 could remain viable on contaminated surfaces for anywhere from hours to days. Following a quarantine or period of isolation, consumers attempted to return unused items purchased in bulk. The legislature found that in order to inhibit the further spread of COVID-19 and protect the public health, it was necessary to limit the return of groceries and other foodstuffs purchased during a state of emergency declared in response to COVID-19.
b. Pursuant to the end of the public health emergency, but the continuation of the state of emergency declared in response to COVID-19, the Legislature seeks to rescind the current restrictions on the return of certain items and clarify that, in the future, the prohibition on the return of certain products shall be limited to a declared public health emergency.
L.2020, c.16, s.1; amended 2021, c.150, s.1.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-223 - Definitions relative to the return of items purchased during a state of emergency.

56:8-223 Definitions relative to the return of items purchased during a state of emergency.
2. As used in this act:
"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.
"Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premises consumption.
L.2020, c.16, s.2.
2023 New Jersey Revised Statutes › Title 56 - Trade Names, Trade-Marks and Unfair Trade Practices › Section 56:8-224 - Unlawful practice, violation

56:8-224 Unlawful practice, violation
3. It shall be an unlawful practice, and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any retail food store to accept the return of any groceries and other foodstuffs purchased by a consumer during, and for 30 days following, a declared public health emergency. A retail food store may accept the return of groceries and other foodstuffs if it determines, in its sole discretion, that the groceries and other foodstuffs are unsafe for use or otherwise adulterated within the meaning of R.S.24:5-8 as a result of any manufacturing error or defect. Any groceries or other foodstuffs accepted for return by a retail food store pursuant to the provisions of this section shall not be offered for resale.
L.2020, c.16, s.3; amended 2021, c.150, s.2.