Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Concerns refunds for defective merchandise purchased at certain third-party automated kiosks.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning automated retail kiosks and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A retail establishment shall provide a refund to a consumer for defective merchandise purchased by the consumer at a self-service or automated retail kiosk operating within, but not operated by, the retail establishment. To be eligible to receive a refund, a consumer shall provide the retail establishment with a receipt or other proof of purchase for the defective merchandise.
b. The operator of a self-service or automated retail kiosk shall reimburse a retail establishment for the cost of a refund provided to a consumer pursuant to subsection a. of this section
c. A person in violation of subsections a. or b. of this section shall be subject to a civil penalty of up to $2,500 for a first offense and up to $5,000 for a second offense, to be collected in a civil action by a summary proceeding under 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.
2. This act shall take effect immediately.
STATEMENT
This bill requires a retail establishment to refund a consumer for merchandise purchased at a self-service or automated retail kiosk operating within, but not operated by, the retail establishment.
Under the bill, a consumer would be required to provide the retail establishment with a receipt or other proof of purchase to receive a refund. The bill also requires the operator of a self-service or automated kiosk to reimburse a retail establishment for the cost of a refund provided to a consumer under the provisions of the bill.
A retail establishment or operator of a self-service or automated kiosk that violates the provisions of the bill is subject to a civil penalty of up to $2,500 for a first offense and up to $5,000 for a second offense, to be collected in a civil action by a summary proceeding under 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 the bill.