ASSEMBLY CONSUMER AFFAIRS COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 3341

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  OCTOBER 5, 2026

 

      The Assembly Consumer Affairs Committee reports favorably and with committee amendments Assembly Bill No. 3341.

      As amended and reported by the committee, Assembly Bill No. 3341 permits certain consumers up to five business days to cancel home improvement contracts and up to three business days to cancel certain consumer contracts.

      Currently, all consumers have up to three business days to cancel a home improvement contract for any reason.  Under the amended bill, a consumer aged 65 years or older may cancel a home improvement contract for any reason before midnight of the fifth business day after the consumer receives a copy of the signed contract. The amended bill requires a home improvement contract to contain a conspicuous notice printed in at least 10-point bold-faced type advising consumers aged 65 years or older of their ability to cancel the contract within five business days. Under the amended bill, all goods delivered to the consumer pursuant to the cancelled home improvement contract are required to be returned within 30 days of the contract’s cancellation.

      The amended bill permits a consumer to waive the right to cancel a home improvement contract for emergency restoration service if the consumer signs an emergency authorization form, which is to include a cost estimate of the emergency restoration service.  The amended bill also defines “emergency restoration service” and “goods.”

      In the case of a contract for the sale of goods priced at $500 or more, a consumer aged 65 years or older may cancel a contract for any reason before midnight of the third business day after the consumer enters into the contract.  The amended bill requires all moneys paid pursuant to the cancelled contract to be refunded within 30 days of receipt of the notice of cancellation and all goods delivered pursuant to the contract to be returned within 30 days of the contract’s cancellation.

      The amended bill clarifies that provisions in the amended bill that allow certain consumers to cancel a contract for the sale of goods priced at $500 or more do not apply to contracts related to the sale or purchase of real estate or real estate brokerage services.

      A violation of the amended bill’s provisions is an unlawful practice and a violation of the consumer fraud act, which 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 may result in a cease and desist order issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.

      This bill was prefiled for introduction in the 2026-2027 session pending technical review.  As reported, the amended bill includes the changes required by technical review, which has been performed.

 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      1) increase the age of a consumer who may cancel home improvement contracts and certain consumer contracts under the bill from 60 years of age and older to 65 years of age and older;

      2) eliminate the provision permitting an individual with an intellectual disability to cancel home improvement contracts and certain consumer contracts under the bill; and

      3) make other technical changes.