Assembly Commerce and Economic Development Committee Statement to Assembly, No. 5076 (1R) (December 11, 2023)

Summary

An Assembly Commerce and Economic Development Committee statement to the First Reprint of Assembly, No. 5076, State of New Jersey, dated December 11, 2023, reporting the bill favorably with committee amendments. The bill would require retail stores offering digital coupons to provide in-store alternatives, such as paper coupons, electronic kiosks or the discounted price at the point-of-sale on request, so customers can buy at the same price and terms. A violation would carry a civil penalty of up to $250 for a first offense and up to $500 for a subsequent offense, enforced by the Director of the Division of Consumer Affairs. The amendments set the effective date at the first day of the twelfth month after enactment.

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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY,
No. 5076

with
committee amendments

STATE
OF NEW JERSEY

DATED: DECEMBER
11, 2023

The Assembly Commerce and Economic Development
Committee reports favorably Assembly Bill No. 5076, with committee amendments.

This bill, as amended by the committee, would require
retail stores that offer digital coupons to customers to also provide in-store
alternatives to allow customers to purchase items at the same price and terms
as provided by the digital coupon.

The bill defines the term “digital coupon” to mean 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.

The bill defines the term “in-store alternative” to
mean providing an on-site consumer the ability to purchase an item at the same
discount or other benefit offered by a digital coupon. Examples of an
“in-store alternative” set forth in the bill include: paper coupons, electronic
kiosks, or providing a customer the discounted price or benefit at the
point-of-sale upon request.

Violation of the bill would subject a person to a
civil penalty of up to $250 for a first offense, and up to $500 for a
subsequent offense, which may be collected and enforced by the Director of the
Division of Consumer Affairs.

COMMITTEE AMENDMENTS :

The committee amendments provide that the bill takes
effect on the first day of the twelfth month, rather than the sixth month, next
following enactment.

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