Bill Text: NJ A4390 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits sale of prepaid and wireless telephone service and equipment unless certain buyer information is recorded.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Law and Public Safety Committee [A4390 Detail]
Download: New_Jersey-2012-A4390-Introduced.html
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
SYNOPSIS
Prohibits sale of prepaid and wireless telephone service and equipment unless certain buyer information is recorded.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale or purchase of prepaid and wireless telephone service and equipment and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Driver's license" or "non-driver identification card" means a valid New Jersey driver's license with photographic identification or a non-driver identification card issued by the New Jersey Motor Vehicle Commission, or a valid driver's license with photographic identification or similar non-driver identification card issued pursuant to the laws of another state.
"Prepaid wireless telephone equipment" means a wireless telephone handset used in conjunction with prepaid wireless telephone service.
"Prepaid wireless telephone service" means a type of wireless telephone service that is purchased in advance of use by means of payment for a finite dollar amount of service or for a finite set of minutes that terminate either upon use by a customer and delivery by the seller of an agreed-upon amount of service corresponding to the total dollar amount paid in advance, or within a certain period of time following the initial purchase or activation, unless additional payments are made, and for which service the customer does not receive a monthly billing statement.
"Prepaid wireless telephone service provider" means an individual who sells prepaid wireless telephone service or prepaid wireless telephone equipment.
"Wireless telephone equipment" means a wireless telephone handset used in conjunction with wireless telephone service.
"Wireless telephone service provider" means an individual who sells wireless telephone service or wireless telephone equipment.
"Wireless telephone service" means commercial mobile radio service, as defined in subsection (d) of section 332 of the Communications Act of 1934 (47 U.S.C. s.332).
2. It shall be unlawful for a prepaid wireless telephone service provider or a wireless telephone service provider to sell or activate prepaid wireless telephone service, prepaid wireless telephone equipment, wireless telephone service, or wireless telephone equipment to an individual unless that provider first records the following information: a photocopy of the individual's driver's license or non-driver identification card; the telephone number assigned to the prepaid wireless telephone service, prepaid wireless telephone equipment, wireless telephone service, or wireless telephone equipment; the serial number assigned to the prepaid wireless telephone equipment or the wireless telephone equipment; the date of sale; and any other information as required by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. A prepaid wireless telephone service provider or a wireless telephone service provider shall retain all information recorded pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) for a period of two years after the date of purchase of the service or equipment. After the two-year period, the prepaid wireless telephone service provider or the wireless telephone service provider shall destroy or arrange for the destruction of the photocopy of the individual's driver's license or non-driver identification card by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable, undecipherable, or nonreconstructable through generally available means.
4. 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 P.L. , c. (C. ) (pending before the Legislature as this bill).
5. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
6. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill supplements the consumer fraud act to make it unlawful for any prepaid wireless telephone service provider or wireless telephone service provider (provider) to sell or activate prepaid wireless telephone service, prepaid wireless telephone equipment, wireless telephone service, or wireless telephone equipment, as defined in the bill, to an individual unless that provider first records the following information: a photocopy of the individual's driver's license or non-driver identification card; the telephone number assigned to the prepaid wireless telephone service, prepaid wireless telephone equipment, wireless telephone service, or wireless telephone equipment; the serial number assigned to the prepaid wireless telephone equipment or the wireless telephone equipment; the date of sale; and any other information as required by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
Under the bill, a provider is to retain all recorded information for a period of two years after the date of purchase of such service or equipment. After the two-year period, the provider is to destroy or arrange for the destruction of the photocopy of the individual's driver's license or non-driver identification card by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable, undecipherable, or nonreconstructable through generally available means.
A violation of any provision of this bill is an unlawful practice under the consumer fraud act, and any person who violates the provisions of this bill is to be liable to a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.
