ASSEMBLY CONSUMER AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4297

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 11, 2025

      The Assembly Consumer Affairs Committee reports favorably and with committee amendments Assembly Bill No. 4297.

      As amended and reported, this bill requires rainchecks be issued 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.  However, the provisions of the bill would not apply if the digital coupon includes a “while supplies last” disclaimer.

      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.

COMMITTEE AMENDMENTS:

      The committee amended the bill to clarify that a person selling or offering for sale goods or services at a retail location who offers a digital coupon that clearly and conspicuously discloses that the offer is valid only while supplies last would not be subject to the provisions of the bill.  Additionally, the amendments also make technical changes.