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A1158
ASSEMBLY, No. 1158
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson, Donlon and Peterpaul
SYNOPSIS
���� Requires issuance of raincheck for unavailable good
or service advertised by digital coupon.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning digital coupons and
supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� A person selling or
offering for sale goods or services at a retail location and who offers a
digital coupon shall, if the item is not currently available in stock as
advertised to the public, make available a raincheck for not less than 60 days
that 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.
���� b���� A violation of this
section is an unlawful practice pursuant to P.L.1960, c.39 (56:8-1 et seq.).
���� c.���� As used in this
section:
���� �Digital coupon� means any
store coupon, rebate, or discount as advertised in a weekly circular or over
the Internet that provides a consumer with a discounted price or benefit that
is redeemable at a retail location, and which is obtainable only through a
consumer�s personal computing device, such as a personal computer, smartphone,
or tablet.
���� "Raincheck" means a
written statement issued by a retail mercantile establishment allowing the
purchase of designated merchandise at a previously advertised price.
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires the
issuance of rainchecks 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.
���� 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.