Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Requires person offering digital coupon to make available in-store alternative of identical value.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning digital coupons and supplementing P.L.1960, c.39 (56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person selling or offering for sale goods or services at retail that offers a digital coupon shall also make available to a consumer an in-store alternative that would allow the consumer to obtain the same product, service, or benefit at the same price, discount, or on the same terms as that provided by the digital coupon.
As used in this section:
"Digital coupon" means a store coupon, rebate, or similar instrument offered to a consumer through the Internet and only obtainable through a consumer's personal computing device, such as a personal computer, smartphone, or tablet, and that provides to a consumer a discounted price or benefit, redeemable at the physical location where the goods or services are being offered for sale.
"In-store alternative" means providing a consumer with the ability to obtain the same discounted price or other benefit offered by the digital coupon through an alternative method at the store location, including, but not limited to, paper coupons, electronic kiosks, or application of the discounted price or benefit at the point-of-sale upon the request of the consumer.
b. A person that violates the provisions of subsection a. of this section shall be subject to a civil penalty of up to $250 for a first offense and up to $500 for any subsequent offense, which may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to 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.
c. The Director of the Division of Consumer Affairs may , pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act.
2. This act shall take effect on the first day of the twelfth month next following enactment, except that the Director of the Division of Consumer Affairs may take any administrative action in advance of the effective date as may be necessary to implement the provisions of this act.
STATEMENT
This bill would require retail stores that offer digital coupons to customers to also provide in-store alternatives to allow customers to purchase items at the same price and terms as provided by the digital coupon.
The bill defines the term "digital coupon" to mean a store coupon, rebate, or similar instrument offered to a consumer through the Internet and only obtainable through a consumer's personal computing device, such as a personal computer, smartphone, or tablet, and that provides to a consumer a discounted price or benefit, redeemable at the physical location where the goods or services are being offered for sale.
The bill defines the term "in-store alternative" to mean providing an on-site consumer the ability to purchase an item at the same discount or other benefit offered by a digital coupon. Examples of an "in-store alternative" set forth in the bill include: paper coupons, electronic kiosks, or providing a customer the discounted price or benefit at the point-of-sale upon request.
Violation of the bill would subject a person to a civil penalty of up to $250 for a first offense, and up to $500 for a subsequent offense, which may be collected and enforced by the Director of the Division of Consumer Affairs.