SENATE COMMERCE COMMITTEE

 

STATEMENT TO

 

SENATE, No. 3817

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  OCTOBER 5, 2026

 

      The Senate Commerce Committee reports favorably and with committee amendments Senate Bill No. 3817.

      As amended, this bill requires a business entity that uses text-based chat support to communicate with consumers to offer an option to obtain a transcript of the chat at the conclusion of an interaction only if the chat support does not permit the consumer, through the consumer’s own means, to copy, paste, download, export, save, or otherwise retain the text of the chat at the conclusion of the interaction. 

      Under the bill, if the chat support does not permit the consumer to use their own means to retain the text of the chat, the business entity is required to provide clear and conspicuous notice informing consumers of the option to obtain a transcript of the chat.  The Attorney General is to have sole and exclusive authority to enforce a violation of the bill.  Nothing in the bill is to be construed as providing the basis for, or subject to, a private right of action for a violation of its provisions.

      Lastly, the bill authorizes the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to adopt rules and regulations necessary to implement the provisions of the bill.

 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      1) clarify that the option to obtain a transcript of the chat at the conclusion of an interaction applies only if the chat support does not permit the consumer, through their own means, to retain the text of the chat at the conclusion of the interaction;

      2) change the enforcement of the bill to the sole and exclusive authority of the Attorney General;

      3) clarify that the bill is not to be construed as providing the basis for, or subject to, a private right of action for a violation of its provisions;

      4) authorize the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to adopt rules and regulations necessary to implement the provisions of the bill; and

      5) make technical updates.