Bill Text: NJ S3832 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires issuance of raincheck for unavailable good or service advertised by digital coupon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-10-24 - Introduced in the Senate, Referred to Senate Commerce Committee [S3832 Detail]
Download: New_Jersey-2024-S3832-Introduced.html
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Requires issuance of raincheck for unavailable good or service advertised by digital coupon.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning digital coupons 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. a. A person selling or offering for sale goods or services at a retail location and who offers a digital coupon shall, if the item is not currently available in stock as advertised to the public, make available a raincheck for not less than 60 days that would allow the consumer to obtain the same product, service, or benefit at the same price, discount or on the same terms and conditions as that provided by the digital coupon.
b A violation of this section is an unlawful practice pursuant to P.L.1960, c.39 (56:8-1 et seq.).
c. As used in this section:
"Digital coupon" means any store coupon, rebate, or discount as advertised in a weekly circular or over the Internet that provides a consumer with a discounted price or benefit that is redeemable at a retail location, and which is obtainable only through a consumer's personal computing device, such as a personal computer, smartphone, or tablet.
"Raincheck" means a written statement issued by a retail mercantile establishment allowing the purchase of designated merchandise at a previously advertised price.
2. This act shall take effect immediately.
STATEMENT
This bill requires the issuance of rainchecks for goods or services advertised by digital coupon.
Under the bill, if an item advertised to the public by a person who sells or offers for sale goods or services at a retail location is not currently available in stock, as advertised to the public in a digital coupon, the person is required to provide a raincheck for not less than 60 days, which would allow the consumer to obtain the same product, service, or benefit at the same price, discount or on the same terms and conditions as that provided by the digital coupon.
A violation of the bill's provisions is an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice 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. In addition, a violation can 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.
