[Second Reprint]

ASSEMBLY, No. 5076

STATE OF NEW JERSEY

220th LEGISLATURE

INTRODUCED JANUARY 19, 2023

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

Requires person offering digital coupon to make available in-store alternative of identical value.

CURRENT VERSION OF TEXT

     As reported by the Assembly Commerce and Economic Development Committee on December 11, 2023, with amendments.

An Act concerning digital coupons and supplementing P.L.1960, c.39 (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 retail that offers a digital coupon shall ¹also¹ make available to a consumer ¹[a paper coupon of identical value] an in-store alternative that would allow the consumer to obtain the same product, service, or benefit at the same price, discount, or on the same terms as that provided by the digital coupon¹ .

      As used in this section ¹[,“digital] :

“Digital¹ coupon” means a store coupon, rebate, or similar instrument ¹[that is]¹ offered to a consumer through the Internet ¹and only obtainable through a consumer’s personal computing device, such as a personal computer, smartphone, or tablet, and that provides to a consumer a discounted price or benefit, redeemable at the physical location where the goods or services are being offered for sale.

“In-store alternative” means providing a consumer with the ability to obtain the same discounted price or other benefit offered by the digital coupon through an alternative method at the store location, including, but not limited to, paper coupons, electronic kiosks, or application of the discounted price or benefit at the point-of-sale upon the request of the consumer¹ .

      b.   A person that violates the provisions of subsection a. of this section shall be subject to a civil penalty of up to ¹[$2,500] $250¹ for a first offense and up to ¹[$5,000] $500¹ for any subsequent offense, which may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. 

      c.   The Director of the Division of Consumer Affairs ¹[shall] may¹ , pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act. 

     2.    This act shall take effect on the first day of the ²[sixth] twelfth² month ²[after] next following² enactment, ²[although] except that² the Director of the Division of Consumer Affairs may take any administrative action in advance of the effective date as may be necessary to implement the provisions of this act.