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Title: 56 - TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

Chapter: 8 -

56:8-1: Definitions.

56:8-1.1: Temporary help services; inclusion within definition of merchandise; rules, regulations; fees, charges on firms; transport of workers regulated.

56:8-1.2: Unlawful withholding of diversion of wages by temporary help service firm; penalty.

56:8-2: Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice

56:8-2.1: Operation simulating governmental agency as unlawful practice

56:8-2.2: Scheme to not sell item or service advertised

56:8-2.3: Advertising plan involving notification of winning of prize and other requirements unlawful.

56:8-2.4: Advertisement of unassembled merchandise as assembled in picture or illustration; prohibition

56:8-2.5: Sale, attempt to sell or offer for sale of merchandise without tag or label with selling price

56:8-2.6: Daily failure to tag as separate violation

56:8-2.7: Solicitation of funds or contributions, or sale or offer for sale of goods or services under false representation of solicitation for charitable or no

56:8-2.8: "Going out of business sale" ; time limits

56:8-2.9: Misrepresentation of identity of food in menus or advertisements of eating establishments

56:8-2.10: Acts constituting misrepresentation of identity of food

56:8-2.11: Violations; liability

56:8-2.12: Recovery of refund in private action

56:8-2.13: Cumulation of rights and remedies; construction of act

56:8-2.14: Short title

56:8-2.15: Definitions

56:8-2.16: Posting of signs; locations

56:8-2.17: Signs; contents

56:8-2.18: Penalties; refunds or credits to buyers

56:8-2.19: Posting of signs; exceptions

56:8-2.20: Motor vehicle; perishables; custom merchandise; non-returnable merchandise; application of act

56:8-2.21: Jurisdiction; penalties; cash refund; credit; damages

56:8-2.22: Copy of transaction or contract; provision to consumer

56:8-2.23: Disclosure of profit-making nature

56:8-2.25: Transaction of business under assumed name, misrepresented geographic origin, location.

56:8-2.27: Sale of baby food, non-prescription drugs, cosmetics, certain; unlawful.

56:8-2.28: Short title.

56:8-2.29: Definitions relative to raincheck policy disclosure.

56:8-2.30: Posting of raincheck policy by retail mercantile establishment.

56:8-2.31: Unlawful practices by retail mercantile establishment relative to rainchecks.

56:8-2.32: Regulations.

56:8-2.33: Discrimination against cash-paying customers prohibited; violations, penalties; exceptions.

56:8-3: Investigation by attorney general; powers and duties

56:8-3.1: Violations; penalty

56:8-4: Additional powers

56:8-5: Service of notice by attorney general

56:8-6: Failure or refusal to file statement or report or obey subpoena issued by attorney general; punishment

56:8-7: Self-incrimination; exemption from prosecution or punishment

56:8-8: Injunction against unlawful practices; appointment of receiver; additional penalties

56:8-9: Powers and duties of receiver

56:8-10: Claims against persons acquiring money or property by unlawful practices

56:8-11: Costs in actions or proceedings brought by attorney general

56:8-12: Partial invalidity

56:8-13: Penalties.

56:8-14: Enforcement of penalty; process.

56:8-14.1: Office of consumer affairs entitled to penalties, fines or fees.

56:8-14.2: Definitions relative to certain deceptive consumer practices

56:8-14.3: Additional penalties for violation of C.56:8-1 et seq.

56:8-14.4: Restoration of money, property given priority

56:8-14.5: Educational program about consumer protection laws, rights.

56:8-14.6: Consumer Fraud Education Fund

56:8-14.7: Rules, regulations

56:8-15: Additional penalties.

56:8-16: Remission of penalties

56:8-17: Noncompliance; penalties.

56:8-18: Cease and desist order; violations; penalty

56:8-19: Action, counterclaim by injured person; recovery of damages, costs.

56:8-19.1: Exemption from consumer fraud law, certain real estate licensees, circumstances.

56:8-19.2: Seller, real property, disclose, property location, FEMA Special, Moderate Risk Flood Hazard Area, purchaser.

56:8-20: Notice to attorney general of action or defense by injured person; intervention

56:8-21: Short title

56:8-22: Definitions

56:8-23: Exposure or offer for sale at retail of consumer commodity; mark of price per measure

56:8-24: Unit pricing regulations; hearings; exemptions; retail establishments and commodities list

56:8-25: Other regulations

56:8-26: Definitions.

56:8-27: Requirements for ticket broker.

56:8-28: Application for registration, fee.

56:8-29: Issuance of certificate of registration.

56:8-30: Bond required to engage in business of reselling tickets as a ticket broker.

56:8-31: Revocation or suspension of license

56:8-32: Display of license; copies

56:8-33: Price charged printed on ticket, maximum premium for reseller; exceptions.

56:8-34: Reselling tickets prohibited in certain area; exceptions.

56:8-35: Special treatment in obtaining tickets; prohibition

56:8-35.1: Withholding tickets from sale, prohibited amount.

56:8-35.2: Refunds prohibited under certain circumstances.

56:8-35.3: Method for lawful sell back.

56:8-35.4: Use of digger unlawful.

56:8-35.5: Definitions relative to Internet ticket sales

56:8-36: Rules and regulations

56:8-37: Violations; penalty

56:8-38: Nonprofit or political organizations; application of act

56:8-39: Definitions

56:8-40: Registration

56:8-41: Security

56:8-42: Health club services contract

56:8-42.1: Subscription service provider, health club services, online termination; definitions.

56:8-43: Right of action

56:8-44: 25% limit

56:8-45: Contracts voidable

56:8-46: Violation

56:8-47: Nonapplicability

56:8-48: Rules, regulations

56:8-49: Definitions

56:8-50: Notice of defect or hazard in children's products to director

56:8-51: Dealer display of notification

56:8-52: Inspection program; regulations

56:8-53: Allocation of penalty monies

56:8-53.1: Definitions relative to child product safety.

56:8-53.2: Unlawful practices relative to children's products deemed unsafe.

56:8-53.3: Duties of Division of Consumer Affairs; immunity from liability.

56:8-53.4: Retrofitting of children's products.

56:8-53.5: Rules, regulations.

56:8-54: Application of consumer fraud act to information services

56:8-55: Definitions

56:8-56: Unlawful practice without disclosures required

56:8-57: Unlawful practices

56:8-58: Blocking of telephone access

56:8-59: Rules, regulations, fees

56:8-60: Injunctive relief, restraints on income

56:8-61: Short title

56:8-62: Definitions

56:8-63: Posting of kosher information

56:8-64: Unlawful practice not committed; proof required

56:8-65: Presumptive evidence of intent to sell

56:8-66: Compliance with requirements

56:8-67: Definitions relative to sale and warranty of certain used vehicles

56:8-67.1: Sale of used passenger motor vehicle, upon termination of lease agreement

56:8-68: Unlawful practices

56:8-69: Written warranty required; minimum durations

56:8-70: Written warranty; requirements of dealer

56:8-71: Dealer's failure to correct defect

56:8-72: Term of warranty extended for repairs

56:8-73: Waiver of dealer's obligation to provide warranty

56:8-74: Warranty given as a matter of law

56:8-75: Remedies, rights preserved

56:8-76: Nonapplicability of act

56:8-77: Bond to assure compliance

56:8-78: Rules, regulations

56:8-79: Consumer awareness program required

56:8-80: Administrative fee established

56:8-80.1: Prohibited sales of tires; violations, penalties.

56:8-81: Short title

56:8-82: Findings, declarations relative to industrial hygiene

56:8-83: Definitions relative to industrial hygiene

56:8-84: Unlawful practices

56:8-85: Nonapplicability of act to supervised apprentices, students

56:8-86: Definitions relative to telecommunications service providers

56:8-87: Change, redirection of telecommunications service provider; conditions

56:8-88: Processing of change orders

56:8-89: Rules, regulations relative to telecommunications service providers.

56:8-89.1: Rules, regulations to enforce FCC agreement.

56:8-90: Change notification; bill information

56:8-91: Violations, penalties

56:8-92: Short title.

56:8-93: Definitions relative to sales of cats and dogs.

56:8-94: Construction of act.

56:8-95: Noncompliance by pet shop considered deceptive practice.

56:8-95.1: Certain animals offered by breeder, broker, prohibited sale by pet shop.

56:8-95.2: Construction of act.

56:8-95.3: Violations, penalties.

56:8-96: Certification from veterinarian, recourse.

56:8-97: Rules, regulations.

56:8-98: Short title.

56:8-99: Definitions relative to food represented as halal.

56:8-100: Posting of information by dealer representing food to be halal.

56:8-101: Reliance on representation, good faith, defense.

56:8-102: Possession of food implies intent to sell.

56:8-103: Compliance required by dealer in regard to food represented as halal.

56:8-104: Definitions relative to certain loans for senior citizens.

56:8-105: Certain home improvement loans unlawful.

56:8-106: Immunity from liability for third party, exception.

56:8-107: Findings, declarations relative to excessive price increases at certain times.

56:8-108: Definitions relative to excessive price increases at certain times.

56:8-109: Unlawful practice to sell merchandise at excessive price during emergency.

56:8-110: Gift certificate, card, validity, terms, required; definitions.

56:8-110.1: Gift card fraud; detection, prevention; employee training; definitions.

56:8-110.2: Guidelines from the Division of Consumer Affairs.

56:8-111: Rules, regulations.

56:8-112: Violations deemed unlawful practice.

56:8-113: Short title

56:8-114: Findings, declarations realtive to qualification of safety professionals

56:8-115: Definitions relative to qualifications of safety professionals

56:8-116: Certification by safety professional certification organization required

56:8-117: Motor vehicle window tinting, informing customer of State restrictions; required.

56:8-118: Rules, regulations; public information program

56:8-119: Findings, declarations relative to telemarketing calls

56:8-120: Definitions relative to telemarketing calls

56:8-121: Unsolicited telemarketing calls prohibited, telemarketer registration required; fee

56:8-122: Additional requirements for registration

56:8-123: Refusal to issue, renew; revocation of license

56:8-124: Registration number to remain property of State

56:8-125: Reporting of change in information

56:8-126: Maintenance of bond by registrant

56:8-127: Establishment, maintenance of no telemarketing call list, use of national registry

56:8-128: Requirements relative to telemarketing sales calls.

56:8-129: Inclusion on list, notice to customers of existence of list, updating; directory information

56:8-130: Prohibited practices; "commercial mobile service", "commercial mobile service device" defined

56:8-131: Construction of act

56:8-132: Violations, penalties; exceptions

56:8-133: "Consumer Protection Fund"

56:8-134: Rules, regulations

56:8-135: Information not considered government record

56:8-136: Short title.

56:8-137: Definitions relative to home improvement contractors.

56:8-138: Registration for contractors; application, fee.

56:8-138.1: Identification badge required for certain contractors.

56:8-138.2: Home elevation contractors, rules, regulations; fees; penalties.

56:8-139: Act applicable to contractors who publicly advertise.

56:8-140: Inapplicability of act.

56:8-141: Additional requirements; refusal to issue or suspend or revoke registration; grounds.

56:8-142: Proof of commercial general liability insurance; requirements.

56:8-143: Refusal to issue, renew, revocation, suspension of registration; procedures.

56:8-144: Display of registration number; requirements.

56:8-145: Applicability of act to out-of-State contractors.

56:8-146: Violations, fourth degree crime.

56:8-146.1: Additional penalties.

56:8-147: Supersedure of municipal ordinance, regulation.

56:8-148: Municipal powers preserved.

56:8-149: Public information campaign, toll free number.

56:8-150: Applicability of C.56:8-1 et seq.

56:8-151: Contracts, certain, required to be in writing; contents.

56:8-152: Rules, regulations.

56:8-153: Definitions relative to unsolicited credit cards, checks.

56:8-154: Delivery of unsolicited credit card, unlawful practice.

56:8-155: Unsolicited credit card, unaccepted, immunity from liability for use.

56:8-156: Unsolicited check, unaccepted, immunity from liability for use.

56:8-156.1: Definitions.

56:8-156.2: Surcharge, greater than actual cost to seller to process credit card payment, prohibited.

56:8-157: Definitions relative to certain unsolicited advertisements over telephone lines.

56:8-158: Sending unsolicited advertisement to telephone facsimile machine prohibited, exceptions.

56:8-159: Action by aggrieved person.

56:8-160: Violation constitutes unlawful practice.

56:8-161: Definitions relative to security of personal information.

56:8-162: Methods of destruction of certain customer records.

56:8-163: Disclosure of breach of security to customers.

56:8-164: Prohibited actions relative to display of social security numbers.

56:8-165: Regulations concerning security of personal information.

56:8-166: Unlawful practice, violation.

56:8-166.1: Person, business, association prohibited from publishing certain information on the Internet.

56:8-166.2: Request to remove certain information.

56:8-166.3: Construction of act.

56:8-167: Sale, offer of vehicle protection product by unregistered warrantor, person deemed unlawful practice.

56:8-166.4: Definitions.

56:8-166.5: Applicability; consumers, personal data, control, processing.

56:8-166.6: Controller, consumer, privacy notice, personal data; disclosure, sale.

56:8-166.7: Personal data; controller, verified request, consumer, response period.

56:8-166.8: Discrimination against consumer, opt out, prohibited.

56:8-166.9: Waiver of requirements, void, unenforceable.

56:8-166.10: Consumer rights, personal data.

56:8-166.11: Consumer, authorized agent, opting out, processing, sale, personal data.

56:8-166.12: Controller, personal data, responsibilities, security.

56:8-166.13: Applicability, personal data, exceptions, institutions, certain.

56:8-166.14: Controller, not required, actions, certain, relating to personal data.

56:8-166.15: Controller, processor, compliance.

56:8-166.16: Controllers, processors, respective obligations.

56:8-166.17: Violations.

56:8-166.18: Rules, regulations.

56:8-166.19: Authority, enforcement.

56:8-168: Short title.

56:8-169: Findings, declarations relative to Internet dating safety.

56:8-170: Definitions relative to Internet dating safety.

56:8-171: Requirements for Internet dating services.

56:8-172: Unlawful practices for Internet dating services.

56:8-173: No violation to serve solely as intermediary.

56:8-174: Rules, regulations.

56:8-175: Definitions relative to prepaid telephone calling cards and services.

56:8-176: Disclosure of certain information required.

56:8-177: Certain cards not to be offered for sale.

56:8-178: Violation deemed unlawful practice; remedies, penalties.

56:8-179: Report to Governor, Legislature.

56:8-180: Rules, regulations.

56:8-181: Effective date; applicability of act.

56:8-185: Definitions relative to international labor matching, matchmaking organizations.

56:8-186: Criminal history record background checks condition for employment.

56:8-187: Certification as qualified to own enterprise.

56:8-188: Authorization for receipt of criminal history record information.

56:8-189: Written consent for criminal history record background check.

56:8-190: Information provided to recruits of international matchmaking organization.

56:8-191: Public education program.

56:8-192: Registration, fee.

56:8-193: Criminal history, provision required before information provided to recruit.

56:8-194: Violations.

56:8-195: Rules, regulations.

56:8-196: Definitions relative to the security of certain personal information.

56:8-197: Restrictions for health insurance carrier relative to certain computerized records.

56:8-198: Violation, unlawful practice.

56:8-199: Violations, unlawful practice.

56:8-200: Escrow agent evaluation services, charging certain fees prohibited.

56:8-201: Definitions relative to coin redemption machine fees.

56:8-202: Notice of fee required.

56:8-203: Violations; penalties, unlawful practice.

56:8-204: Rules, regulations.

56:8-205: Definitions relative to motor vehicle payment assurance devices.

56:8-206: Installation of payment assurance device on motor vehicle.

56:8-207: Certain baby monitors required to include security features.

56:8-208: Definitions relative to deed procurement services.

56:8-209: Unlawful practice, violation.

56:8-210: Rules, regulations.

56:8-211: Leasing of dogs and cats prohibited; violations, penalties; exceptions.

56:8-212: Definitions relative to annual report filing services.

56:8-213: Unlawful practice, violation.

56:8-214: Rules, regulations.

56:8-215: Definitions relative to online education services and student educational records.

56:8-216: Actions prohibited for online education service.

56:8-217: Responsibilities of online education service.

56:8-218: Construction of act.

56:8-219: Construction of act.

56:8-220: Unlawful practice.

56:8-221: Rules, regulations.

56:8-222: Findings, declarations relative to return of certain items purchased during a state of emergency.

56:8-223: Definitions relative to the return of items purchased during a state of emergency.

56:8-224: Unlawful practice, violation

56:8-225: Findings, declarations relative to third-party food takeout, delivery applications relative to restaurants.

56:8-226: Limit on service fee.

56:8-227: Solicitation by nongovernmental entity, unlawful practice, violation.

56:8-228: Advising, assisting, referring veterans benefits, compensation, limitations.

56:8-229: Class B firefighting foam containing intentionally added PFAS, use, sell, offer for sale, manufacture, distribution, prohibited, exceptions; definitio