Bill > A6189

Introduced Session

This bill amends various provisions of the consumer fraud act and the "New Jersey Antitrust Act," in part to enhance the enforcement authority of the Division of Consumer Affairs in the Department of Law and Public Safety. Under the bill, language in the consumer fraud act on prohibited commercial practices is expanded to include commercial practices that are abusive or unfair, or that violate State or federal law. This is to ensure that the division can take action based on violations of relevant consumer protection statutes such as the "Fair Debt Collection Practices Act" (15 U.S.C. s.1692 et seq.) and other similar federal laws designed to prevent overreaching or abuse of consumers. Additionally, the bill adds language regarding the notice of private lawsuits based on violations of the consumer fraud act. The bill requires the notice to be sent electronically to a dedicated address established by the office of the Attorney General, and requires certain legal filings to be sent as part of the notice. The bill stipulates notice is to be sent to the Attorney General within 24 hours of filing rather than 10 days, as is required under current law. Lastly, the bill amends current State antitrust law by allowing parties, including municipalities and the State, who are harmed by anticompetitive conduct to file suit even if the alleged harmed party is an indirect purchaser who did not deal directly with the defendant. The bill also adds language stating that in the event damages awarded as a result of a class action or an action instituted by the Attorney General remain unclaimed or undistributed, the Attorney General may apply to the court and have such funds escheat to the State upon showing that reasonable efforts were made by the State to distribute the funds but were unsuccessful.

AI Summary

Committee Categories

Paul Moriarty (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 12/09/2021)

Official Document