Senate Commerce Committee Statement - Senate Bill No. 4238, New Jersey (December 6, 2021)

Summary

Senate Commerce Committee statement to Senate, No. 4238, State of New Jersey, dated December 6, 2021, reporting favorably Senate Bill No. 4238. The bill requires certain consumer contracts to include translations to languages other than English. A person who sells or offers merchandise primarily in a language other than English must deliver a copy or translation of the contract in that language, including every term and condition, before it is executed. The statement says the requirement applies to consumer loans or extensions of credit, residential rental contracts, contracts for legal services and foreclosure consulting contracts, among others.

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     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 4238

 STATE OF NEW JERSEY
                   DATED: DECEMBER 6, 2021

    The Senate Commerce Committee reports favorably Senate Bill
No. 4238.
   This bill requires certain consumer contracts to include
translations to languages other than English.
   The bill requires any person who sells, attempts to sell or offers
for sale any merchandise and does so primarily in a language other
than English, orally or in writing, prior to the execution of a
contract or agreement for the sale of merchandise, to deliver to the
other party to the contract or agreement a copy or translation of the
contract or agreement in that language, that includes a translation of
every term and condition in that contract or agreement. This
requirement of the bill applies to certain consumer contracts, certain
motor vehicle contracts, consumer loans or extensions of credit,
leases and other residential rental contracts, contracts for legal
services, and foreclosure consulting contracts.
   The bill requires financial organizations that negotiate primarily
in a language other than English, whether orally or in writing, in the
course of entering into a contract or agreement for a loan or
extension of credit secured by residential real property, to deliver to
the other party a copy of the contract or agreement in the language
in which the negotiations were conducted, prior to the execution of
the contract or agreement, along with certain forms from the federal
Consumer Financial Protection Bureau translated in the applicable
language.
   The bill also requires any person that negotiates the modification
of any of the terms of a contract or agreement covered by the bill,
that does so primarily in a language other than English, whether
orally or in writing, and that offers a final modification in writing,
to deliver to the consumer or borrower, at the time the modification
offer is made, a form summarizing the modified terms of the
contract or agreement in the same language as the negotiation.
   The bill provides it is not to be construed to require any person
to sell, attempt to sell or offer for sale any merchandise in a
language other than English, and the requirements of the bill do not
apply to a sale, attempt to sell, or offer for sale of any merchandise
by which, at the direction of a consumer, the terms of the contract
or agreement are translated, orally or in writing, into a language
                               2

other than English by a third party who is not party to the contract
or agreement.


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