Bill

Bill > A4142


NJ A4142

NJ A4142
Consumer Electronics Warranty Lemon Law.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2010-2011 Regular Session

Bill Summary

This bill, the "Consumer Electronics Warranty Lemon Law," regulates warranties, extended warranties, and service contracts for electronics. Under the provisions of the bill, any covered electronics which can not be repaired to full working order within three attempts must be replaced by an item of equal value and condition to the original, or, if the problem was first brought to the warrantors attention after the first third of the time period covered by that warranty had passed, by an item in good working condition and capable of all the functions of the original. If the replacement item is also defective, the warranty holder would be entitled to a full refund of the total purchase price of the original covered electronics. The bill also requires any warranty, extended warranty, or service contract for electronics that advertises in-home service to deploy within 72 hours of receipt of the service request and to provide all repairs at the warranty holders residence or work. In addition the bill requires that before any electronics are dropped off or mailed away for repairs both the warranty holder and a retail representative must certify, in writing, the condition of the item, and that the warranty holder be provided with a copy of the certification. The bill further specifies that the cost of repairs exceeding the original price of the product, or the electronics having slight cosmetic defects, may not void the warranty. The bill specifies that extended warranties and service contracts must run consecutively with any manufacturers warranty and in no way void or diminish any coverage provided under any manufacturers warranty. Finally, this bill specifies that any violation of its provisions is an unlawful practice under the Consumer Fraud Act, P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice under the Consumer Fraud Act 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, violations 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 party.

AI Summary

This bill, known as the "Consumer Electronics Warranty Lemon Law," establishes new rules for warranties, extended warranties, and service contracts for electronics, which are defined as products with electrical, digital, or similar capabilities. If a covered electronic item cannot be fixed after three repair attempts, it must be replaced with an item of equal value and condition, or if the problem arose later in the warranty period, with a working item of equal functionality. If the replacement also fails, the consumer is entitled to a full refund of the original purchase price. For electronics advertised with in-home service, repairs must be performed at the customer's location within 72 hours of a service request, unless the customer is unavailable. Before an electronic item is sent for repair, both the customer and a retail representative must document its condition in writing, with the customer receiving a copy. The bill also clarifies that minor cosmetic damage or repair costs exceeding the original price will not void a warranty, and extended warranties or service contracts must run concurrently with and not diminish any manufacturer's warranty coverage. Violations of this law are considered unlawful practices under the Consumer Fraud Act, carrying penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses, along with potential cease and desist orders, punitive damages, and treble damages for the injured party.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced, Referred to Assembly Consumer Affairs Committee (on 06/20/2011)

bill text


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bill summary

Document Type Source Location Created
State Bill Page https://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A4142 04/25/2013
Bill https://www.njleg.state.nj.us/2010/Bills/A4500/4142_I1.HTM 05/28/2012
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