Bill Text: NJ A215 | 2016-2017 | Regular Session | Introduced
Bill Title: Invalidates consumer contracts which require a waiver of right to file a consumer complaint.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Consumer Affairs Committee [A215 Detail]
Download: New_Jersey-2016-A215-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Invalidates consumer contracts which require a waiver of right to file a consumer complaint.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning consumer contracts and amending P.L.1981, c.454.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1981, c.454 (C.56:12-16) is amended to read as follows:
3. No consumer contract, warranty, notice or sign, as provided for in this act, shall contain any provision by which the consumer waives his rights under this act. Notwithstanding any other law to the contrary, no consumer contract, including but not limited to an agreement to arbitrate, warranty, notice or sign shall contain any provision which, explicitly or implicitly, requires the consumer to waive his substantive rights under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), the used car lemon law, P.L.1995, c.373 (C.56:8-67 et seq.), or any other consumer protection laws, or his right to contact a law enforcement agency, State, county or municipal department or agency or any other entity for the purposes of reporting a consumer complaint. Any such provision shall be null and void. No consumer contract, notice or sign shall state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey; provided, however, that this shall not apply to warranties.
(cf. P.L.1981, c.454, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill invalidates any consumer contract, including any arbitration agreement, that contains language requiring a consumer to waive the right to contact a law enforcement agency, State, county, or municipal department or agency, or any other entity for the purposes of reporting a consumer complaint. The bill also invalidates any consumer contract containing language that requires the consumer to waive substantive rights provided by the consumer fraud act, the used car lemon law, and other consumer protection laws.
