Bill Text: NJ A4066 | 2014-2015 | Regular Session | Introduced
Bill Title: Revises penalty provision of law concerning prohibition of certain unsolicited text messages.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2015-01-12 - Introduced, Referred to Assembly Consumer Affairs Committee [A4066 Detail]
Download: New_Jersey-2014-A4066-Introduced.html
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Revises penalty provision of law concerning prohibition of certain unsolicited text messages.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning unsolicited text messages and amending P.L.2014, c. (C. ) (pending before the Legislature as Assembly Bill No. 617 of 2014).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2014, c. (C. ) (pending before the Legislature as Assembly Bill No. 617 of 2014) is amended to read as follows:
5. [a.] A person [who violates this act] in violation of section 2, 3, or 4 of P.L.2014, c. (C. ) (pending before the Legislature as Assembly Bill No. 617 of 2014) shall be subject to a civil penalty [in an amount not to exceed $500 for the first violation and $1,000 for each subsequent violation, collectible by the Attorney General in] of up to $500 for a first offense, and up to $1,000 for a second offense, to be collected in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
[b. Nothing set forth in this act shall be construed as creating, establishing or authorizing a private cause of action by an aggrieved person against a person who has violated, or is alleged to have violated, the provisions of this act] The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A third violation of section 2, 3, or 4 of P.L.2014, c. (C. ) (pending before the Legislature as Assembly Bill No. 617 of 2014) 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 fourth or subsequent violation of section 2, 3, or 4 of P.L.2014, c. (C. ) (pending before the Legislature as Assembly Bill No. 617 of 2014) 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.).
(cf: P.L.2014, c. , s.5, pending before the Legislature as Assembly Bill No. 617 of 2014).
2. This act shall take effect immediately but in no event shall be effective prior to the effective date of P.L.2014, c. (C. ) (pending before the Legislature as Assembly Bill No. 617 of 2014).
STATEMENT
This bill changes the penalties for a violation of the law prohibiting certain unsolicited text messages, enacted as Assembly Bill No. 617 of 2014.
Under this law, no person may send an unsolicited advertisement via text message to a communication device capable of receiving text messages if the recipient of the message may incur a telecommunications charge or a usage allocation deduction as a result of the message being sent. The law further prohibits the sending of unsolicited advertising via text message without first obtaining the permission of the recipient. A person violating these provisions is subject to a civil penalty in an amount not to exceed $500 for a first violation and $1,000 for any subsequent violation.
This bill revises the penalty provision to make first and second violations subject to civil penalties of up to $500 and $1,000, respectively, and to provide that any subsequent violation is an unlawful practice under the consumer fraud act (CFA), P.L.1960, c.39 (C.56:8-1 et seq.). The bill specifies that a third violation would be considered a first offense under the CFA, with a fourth or additional violation considered a subsequent offense under the CFA.
An unlawful practice under the CFA is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
As introduced and passed by both chambers of the Legislature, Assembly Bill No. 617 of 2014 supplemented the CFA and violations of its provisions were unlawful practices under the CFA. Subsequently, Assembly Bill No. 617 was conditionally vetoed by the Governor. In the recommendations for reconsideration, the Governor proposed removing the bill's provisions from the CFA, and the penalties set forth thereunder.
This bill is a compromise, by creating a two-tiered penalty structure. This bill intends to provide balance by establishing civil penalties for first and second violations and requiring the enhanced penalties of the CFA for subsequent violations.
