Bill Text: NJ S2973 | 2016-2017 | Regular Session | Introduced
Bill Title: Allows for cancellation of certain service contracts without paying early termination fee if customer becomes deceased prior to end of service contract.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-30 - Introduced in the Senate, Referred to Senate Commerce Committee [S2973 Detail]
Download: New_Jersey-2016-S2973-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Allows for cancellation of certain service contracts without paying early termination fee if customer becomes deceased prior to end of service contract.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain service contracts and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Cable television service" shall have the same meaning as provided in section 3 of P.L.1972, c.186 (C.48:5A-3).
"Commercial mobile service" shall have the same meaning as provided in 47 U.S.C. s.332.
"Electric generation service" and "gas supply service" shall have the same meaning as provided in section 3 of P.L.1999, c.23 (C.48:3-51).
"Executor" means the executor or administrator of the estate of a customer who is subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) upon the death of that customer.
"Internet access service" shall have the same meaning as provided in 47 U.S.C. s.231.
"Propane service" shall have the same meaning as provided in section 2 of P.L.2007, c.150 (C.52:27D-510).
"Provider of direct broadcast satellite service" shall have the same meaning as provided in 47 U.S.C. s.335.
"Telecommunications service" shall have the same meaning as provided in section 2 of P.L.1991, c.428 (C.48:2-21.17).
"Voice over Internet Protocol service" shall have the same meaning as provided in section 3 of P.L.2007, c.195 (C.48:17-34).
2. Subject to federal law and regulation, a provider of cable television service, commercial mobile service, direct broadcast satellite service, electric generation service, fuel oil service, gas supply service, Internet access service, propane service, telecommunications service, and Voice over Internet Protocol service, shall allow the executor for a deceased customer who is under contract with the provider, including but not limited to, a bundle contract or multi-year contract, to opt-out of the contract without paying an early termination fee or other similar charge when the executor requests to opt-out of the contract in writing. The executor shall provide to the provider, within 180 days of the executor's request, a copy of the deceased customer's certificate of death. A request for opting-out of the contract without charge shall be made in good faith. The provider shall waive the otherwise applicable charges for the executor requesting to opt-out of the contract as of the date the provider receives the request.
3. a. A person who violates P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable to a civil penalty of up to $1,000 for each offense.
b. A penalty imposed pursuant to subsection a. of this section shall be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with P.L. , c. (C. ) (pending before the Legislature as this bill). If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional, separate, and distinct offense.
4. This act shall take effect immediately and apply to contracts entered into or renewed after the effective date of this act.
STATEMENT
This bill provides that a provider of cable television service, cellular telephone service, direct broadcast satellite service, electric generation service, fuel oil service, gas supply service, Internet access service, propane service, telecommunications service, and Voice over Internet Protocol service is to allow the executor of a deceased customer who is under contract with the provider, including but not limited to, a bundle contract or multi-year contract, to opt-out of the contract without paying an early termination fee or other similar charge when the executor requests to opt-out of the contract in writing.
The bill requires an executor to request the contract cancellation in writing and submit, within 180 days of the request, documentation proving that the customer is deceased. The required documentation is to include a copy of the deceased customer's death certificate. A request for opting-out of the contract without charge is to be made in good faith. These service providers are to waive the otherwise applicable charges for the deceased customer requesting to opt-out of the contract as of the date these service providers receive the request.
A person who violates the bill is to be liable to a civil penalty of up to $1,000 for each offense. The Superior Court and municipal court is to have jurisdiction to enforce the civil penalty in connection with the bill. If the violation is of a continuing nature, each day during which the violation continues is to constitute an additional, separate, and distinct offense.
