Bill Text: NJ A2672 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits provisions in consumer contracts which penalize a consumer for commenting negatively about goods or services rendered.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly Regulated Professions Committee [A2672 Detail]
Download: New_Jersey-2018-A2672-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits provisions in consumer contracts which penalize a consumer for commenting negatively about goods or services rendered.
CURRENT VERSION OF TEXT
As introduced.
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. a. 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. 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.
b. Notwithstanding any other law to the contrary and in addition to any other remedy available under law, no consumer contract shall contain any provision which waives a consumer's right to make any statement, or penalizes a consumer for making any statement, including a statement posted on the Internet, regarding the seller or lessor, or its employees or agents, or concerning the goods or services rendered.
(1) If the Attorney General determines that a seller or lessor is in violation of any provisions of this subsection, the Attorney General may impose upon that seller or lessor a civil penalty in an amount up to $5,000 for the first violation and up to $10,000 for each and every subsequent violation, collectible in an action brought in the name of the Attorney General pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(2) In addition to the penalties described in paragraph (1) of this subsection or any other remedy available under law, any person aggrieved by a violation of this subsection may bring an action in Superior Court to recover damages.
(cf: P.L.1981, c.454, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits any provision in a consumer contract which waives a consumer's right to make any statement, or penalizes a consumer for making any statement, including a statement posted on the Internet, regarding the seller or lessor, or its employees or agents, or concerning the goods or services rendered.
Some businesses have incorporated clauses into their purchase agreements, known as non-disparagement clauses, which state that the business can charge customers for any negative reviews that they post on the Internet, for others to read. This bill prohibits a business from including such language in their agreements with customers.
The bill provides for a civil penalty of up to $5,000 for a first offense, and up to $10,000 for each subsequent offense, for violations of this prohibition, which may be imposed by the Attorney General. It also allows an aggrieved person to bring a private course of action for civil damages.
