Requires age verification and parent or guardian consent for minor's use of social media platform; prohibits certain messaging between adults and minors on social media platform.

S3993

SENATE, No. 3993

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Requires age verification and parent or guardian
consent for minor�s use of social media platform; prohibits certain messaging
between adults and minors on social media platform.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

requiring age verification and parent or
guardian consent for a minor�s use of a social media platform and supplementing
Title 52 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� As
used in
P.L. , c.
(C. ) (pending before the
Legislature as this bill)
:

����� �Account
holder� means an individual who has or who creates an account or profile on a
social media platform.

����� �Adding�
means a distinction from other users concerning the interaction of two separate
social media accounts, at the mutual election of the account holders, by which
the two account holders� settings enable them to view one another�s posts.� The
term may also include any designation that enables direct messaging between the
two accounts when such accounts do not permit such messaging with other users
generally.� �Adding� includes, but is not limited to, friending, following, or
similar actions.

����� �Director�
means the Director of the Division of Consumer Affairs in the Department of Law
and Public Safety.

����� �Division�
means the Division of Consumer Affairs established within the Department of Law
and Public Safety pursuant to P.L.1971, c.134 (C.52:17B-118 et seq.).

����� �Educational
entity� means a school district, charter school, renaissance school, non-public
school, or institution of higher education.

����� �Individual�
means a natural person.

����� �Minor�
means an individual who is under the age of 18.

����� �New
Jersey account holder� means an individual who is a New Jersey resident and an
account holder.� �New Jersey account holder� includes a �New Jersey minor
account holder.�

����� �New
Jersey minor account holder� means a New Jersey account holder who is a minor.

����� �Person�
means any individual, business, or other legal entity and its agents,
assignees, or representatives.

����� �Post�
means content that an account holder makes available on a social media platform
for other account holders or users to view.

����� �Social
media company� means a person that provides or operates a social media platform
with at least five million account holders worldwide.

����� �Social
media platform� or �platform� means a public or semipublic internet-based
service or application that has users in this State, which service or
application: a. allows users to construct a public or semipublic profile for
the purposes of using the platform, populate a list of other users with whom
the user shares a social connection through the platform, and post content
viewable by other users of the platform; and b. is designed to connect users
within the platform to facilitate social interactions, except that a service or
application that provides email or direct messaging services shall not be
considered to meet this criterion solely based on the existence of that
functionality.� �Social media platform� shall not include an Internet-based
service or application for which interactions between users are solely related
to the provision of direct messages, commercial and financial transactions,
peer-to-peer payments, consumer engagement around products, product reviews,
sellers, services, events, or places, or any combination thereof.

����� �User�
means a person with access to view all or some of the posts on a social media
platform, which person is not an account holder.

���� 2.��� a.� A social media
company shall not permit a New Jersey resident who is a minor to be an account
holder on the social media company�s social media platform unless the minor has
obtained the express consent of a parent or guardian.�

���� b.��� To provide express
consent pursuant to subsection a. of this section, the parent or guardian of a
minor shall provide the parent or guardian�s government-issued identification
and credit card information to the social media company and consent to a fee of
not more than 35 cents to be charged to the credit card provided.

���� c.���� Notwithstanding any
provision of P.L. , c.
(C. ) (pending before the
Legislature as this bill), a social media company shall not permit a New Jersey
resident who is a minor to hold or open an account on a social media platform
if the minor is ineligible to hold or open an account pursuant to any other
provision of State or federal law.

���� 3.��� a.� A social media
company shall verify the age of an existing or new New Jersey account holder
and, if the existing or new account holder is a minor, confirm that a minor has
obtained expressed consent from the parent or guardian of the minor pursuant to
subsection a. of section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill):

���� (1) for a new account, at the
time the New Jersey resident opens the account; or

���� (2) for a New Jersey account
holder who has not provided age verification as required pursuant to this
section, within 14 calendar days of the New Jersey account holder's attempt to
access the account.

���� b.��� If a New Jersey account
holder fails to meet the age verification requirements of this section within
the required time period, the social media company shall deny access to the
account:

���� (1) upon the expiration of the
time period; and

���� (2) until all verification
requirements are met.

���� 4.��� For a social media
platform account held by a New Jersey minor account holder, a social media
company:

���� a.���� shall prohibit direct
messaging between the account and any other adult user that is not linked to
the account through adding on the social media platform; and

���� b.��� shall not collect or use
any personal information from the posts, content, messages, text, or usage
activities of the account other than information that is necessary to comply
with, and to verify compliance with, State or federal law, which information includes
a parent or guardian's name, a birth date, and any other information required
to be submitted pursuant to subsection b. of section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� 5.��� a.� The division shall
receive consumer complaints alleging a violation of, investigate alleged
violations of, and enforce P.L. , c.
(C. ) (pending before the
Legislature as this bill) as outlined in this section.� All civil penalties in
this section
shall be collected by the
director in a summary proceeding before a court of competent jurisdiction
pursuant to the provisions of the �Penalty Enforcement Law of 1999,� P.L.1999,
c.274 (C.2A:58-10 et seq.).

���� b.��� Subject to the
conditions of subsection d. of this section, the director may impose a civil
penalty in an amount not to exceed $2,500 for each violation of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� c.���� Subject to the
conditions of subsection d. of this section, the director may initiate a civil
action to enforce P.L. , c.
(C. ) (pending before the
Legislature as this bill) in the Superior Court.

���� (1)�� A court presiding in an
action initiated pursuant to this subsection may:

���� (a)�� declare that an act or
practice constitutes a violation of

P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� (b)�� issue an injunction
against further violation of P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� (c)�� order disgorgement, for
payment to an individual who is identified by the court as an injured user or
injured account holder, of any money received in connection with a violation of
P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� (d)�� impose a civil penalty
in an amount not to exceed $2,500 for each violation of P.L. ,
c. (C. )
(pending before the Legislature as this bill);

���� (e)�� award actual damages to
an injured user or injured account holder; and

���� (f)�� award any other relief
the court deems reasonable and necessary.

���� (2)�� If a court grants
judgment or injunctive relief in an action initiated pursuant to this
subsection, the court shall award the division reasonable attorney fees, court
costs, and ����������� investigative fees.

���� d.��� (1) At least 30 days
prior to initiating an enforcement action against a person pursuant to
subsection b. or c. of this section, the division shall provide the person with
a written notice identifying and explaining the basis for each alleged
violation of P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� (2)�� Except as provided in
paragraph (3) of this subsection, the division shall not initiate an
enforcement action against a person pursuant to subsection b. or c. of this
section if that person:

���� (a)�� cures the violation
within 30 days after receiving notice pursuant to paragraph (1) of this
subsection; and

���� (b)�� provides the division
with a written statement that the person has cured the violation and that no
further violation will occur.

���� (3)�� Notwithstanding any
provision of this section to the contrary, the division may initiate a civil
action pursuant to subsection c. of this section against a person that:

���� (a)�� fails to cure a
violation after receiving notice pursuant to paragraph (1) of this subsection;
or

���� (b)�� commits another
violation of the same provision of P.L. ,
c. (C. )
(pending before the Legislature as this bill) after meeting the conditions of
paragraph (2) of this subsection for a prior noticed violation.

���� e.���� The division shall be
entitled to such penalties, fines, or fees as may be authorized pursuant to
this section in any successful enforcement action pursuant to this section for
a violation of

P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� 6.��� a.� An individual may
bring an action against a social media company that does not comply with any
provision of P.L. , c.
(C. ) (pending before the
Legislature as this bill).� An action pursuant to this subsection shall be
brought in the Superior Court of the county in which the individual bringing
the action resides.

���� b.��� If a court finds that a
person has failed to comply with any provision of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the individual bringing an
action pursuant to subsection a. of this section shall be entitled to:

���� (1)�� reasonable attorney fees
and court costs; and

���� (2)�� an amount equal to the
greater of:

���� (a)�� $2,500 per instance of
violation; or

���� (b)�� actual damages for
financial, physical, or emotional harm incurred by the individual bringing the
action pursuant to subsection a. of this section, if the court determines that
the harm is a direct consequence of the violation or violations.

���� 7.��� A waiver or limitation
of any of the following shall be void as against public policy and shall not be
enforced or given legal effect, notwithstanding any contract or choice-of-law
provision therein:

���� a.���� any protection or
requirement included in P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� b.��� the right to cooperate
with the division and to file a complaint with the division in connection with
an investigation, alleged violation, or other proceeding pursuant to any
provision of P.L. , c.
(C. ) (pending before the
Legislature as this bill) and regulations established by the division pursuant
to its authority; or

���� c.���� the right to file a
private right of action pursuant to section 6 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� 8.��� The division shall
submit an annual report to the Governor, and to the Legislature pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), that evaluates the division�s
ability to reduce the unconsented use of social media platforms by minors and
enforce the provisions of P.L. , c.
(C. ) (pending before the
Legislature as this bill).� The report shall include, at minimum, a list of
the:

���� a.���� alleged violations the
division has received during the year;

���� b.��� administrative fines and
civil penalties assessed during the year; and

���� c.���� administrative fines
and civil penalties collected during the year.

���� 9.��� This act shall take
effect immediately.

STATEMENT

���� This bill
prohibits a social media company
(company) from permitting a New Jersey resident who is a minor to be an account
holder on the company�s platform unless the minor has obtained the express
consent of a parent or guardian.� To provide express consent, the parent or
guardian is required to provide credit card information to the social media
company and consent to a fee of not more than 35 cents to be charged to the
credit card provided.�

����� The bill also requires a company to verify the age of
an existing or new account holder and, if the existing or new account holder is
a minor, confirm that a minor has obtained express consent from a parent or
guardian in accordance with the bill�s provisions: (1) for a new account, at
the time the resident opens the account; or (2) for an account holder who has
not provided age verification, within 14 calendar days of the account holder's
attempt to access the account.� If an account holder fails to meet the age
verification requirements within the required time period, the company is
required to deny access to the account: (1) upon the expiration of the time
period; and (2) until all verification requirements are met.

����� The bill requires a company, for a social media
platform account held by a minor account holder, to: (1) prohibit direct
messaging between the account and any other adult user that is not linked to
the account through adding on the social media platform; and (2) not collect or
use any personal information from the posts, content, messages, text, or usage
activities of the account other than information that is necessary to comply
with, and to verify compliance with, State or federal law, which information includes
a parent or guardian's name, a birth date, and any other information required
to be submitted to provide express consent.

����� The Division of Consumer Affairs (division) is
responsible for enforcement of the bill�s provisions.� The division is required
to receive consumer complaints related to, investigate alleged violation of,
and enforce the provisions of this bill.� The division is entitled to any
penalties, fines, or fees collected for a violation.

����� The division is authorized to impose a civil penalty
of up to $2,500 for each violation or to initiate a civil suit in Superior
Court.� In addition, an individual may bring an action in the Superior Court
against a company, for failure to comply with the provisions of this bill.� If
the individual�s suit is successful, an individual is entitled to reasonable
attorney fees and court costs.� An individual is also entitled to either actual
damages or $2,500, whichever is greater.