Senate Commerce Committee Statement — Senate Bill No. 3573, State of New Jersey (May 15, 2023)

Summary

The Senate Commerce Committee statement of May 15, 2023 reports Senate Bill No. 3573 favorably with committee amendments. As amended, the bill requires a retail seller that offers a digital coupon to also make available an in-store alternative giving the same product, service, or benefit at the same price or discount. It defines in-store alternative to include paper coupons, electronic kiosks, or applying the discount at the point-of-sale on request. A violation results in a civil penalty of $250 for a first offense and up to $500 for a subsequent offense, which the committee reduced from $2,500 and $5,000.

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     SENATE COMMERCE COMMITTEE

                     STATEMENT TO

                   SENATE, No. 3573
                    with committee amendments



 STATE OF NEW JERSEY
                       DATED: MAY 15, 2023

   The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 3573.
   As amended, this bill provides that a person selling or offering
for sale goods or services at retail that offers a digital coupon is
required to also make available to a consumer an in-store alternative
that would allow the consumer to obtain the same product, service, or
benefit at the same price, discount, or on the same terms as that
provided by the digital coupon.
   The bill defines “digital coupon” as a store coupon, rebate, or
similar instrument offered to a consumer through the Internet and only
obtainable through a consumer’s personal computing device, such as a
personal computer, smartphone, or tablet, and that provides to a
consumer a discounted price or benefit, redeemable at the physical
location where the goods or services are being offered for sale. In
addition, the bill defines “in-store alternative” as providing a consumer
with the ability to obtain the same discounted price or other benefit
offered by the digital coupon through an alternative method at the
store location, including, but not limited to, paper coupons, electronic
kiosks, or application of the discounted price or benefit at the point-of-
sale upon the request of the consumer.
    A violation of the bill’s provisions results in a civil penalty of
$250 for a first offense and up to $500 for any subsequent offense,
which may be collected and enforced by the Director of the
Division of Consumer Affairs.

COMMITTEE AMENDMENTS
  The committee amended the bill to:
   provide that a person selling or offering for sale goods or
     services at retail who offers a digital coupon is to also provide
     a consumer with an in-store alternative to allow the consumer
     to obtain the same product, service, or benefit at the same
     price, discount, or on the same terms as that provided by the
     digital coupon;
   revise the definition of “digital coupon” to mean a coupon only
     obtainable through a consumer’s personal computing device;
                              2

   define “in-store alternative” to mean providing a consumer
    with the same discounted price or other benefit offered by the
    digital coupon through an alternative method at the store
    location; and
   reduce the civil penalties for a violation of the provisions of the
    bill from $2,500 for a first offense and up to $5,000 for a
    second or subsequent offense to $250 and $500, respectively.


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