A consumer protection measure sponsored by Assembly Democrats Daniel R. Benson, Paul Moriarty, Raj Mukherji, Sheila Oliver and Angela McKnight recently was approved by the General Assembly, moving New Jersey closer to requiring notification to customers when a contract is to be renewed automatically.
“So many highly-used services out there today include automatic renewal provisions in their contracts,” said Benson (D-Mercer/Middlesex). “In an era of paperless billing and automatic charges to credit cards or bank accounts, consumers often get perpetually roped into extended and costly contracts. By requiring a clear display of the terms and advance notice prior to renewal, this bill will give consumers the opportunity to make more informed choices.”
The bill (A-2450) would require the seller of a service to disclose an automatic renewal provision clearly and conspicuously in the contract or contract offer. The measure also would require the seller to notify a consumer at least 30 days, but no more than 60 days, before a renewal cancellation deadline.
“Sometimes contracts are entered into a year, or even two years, before the automatic renewal clause kicks in,” said Moriarty (D-Gloucester/Camden). “This bill will protect consumers by ensuring that they have the opportunity to cancel any unwanted service prior to renewal of an additional term.”
“For some consumers, automatic renewal may provide convenience, but it’s important that anyone who enters this kind of agreement is aware and does so willingly,” said Mukherji (D-Hudson). “By requiring greater transparency in business, our state can ensure that consumers can make more informed decisions about how to spend their hard-earned money.”
“Automatically renewing a consumer’s subscription to a service without supplying proper notification beforehand is simply disingenuous,” said Oliver (D-Essex/Passaic). “Those businesses that deceive consumers in this manner should face consequences.”
“This legislation is about promoting good business practices on behalf of New Jersey consumers,” said McKnight (D-Hudson). “Automatic renewals can present a real financial burden for individuals who are struggling to make ends meet.”
A violation of the bill’s provisions would be considered an unlawful practice under the Consumer Fraud Act, punishable by a fine of up to $10,000 for a first offense and up to $20,000 for any subsequent offense. A seller who does not comply with the bill’s provisions also would be required to refund a consumer for the unearned portion of the automatically renewed service contract.
The bill gained approval 73-4 on Monday. It now awaits further Senate consideration.