Senate Commerce Committee Statement to Senate, No. 1352 — State of New Jersey (June 16, 2021)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 1352 with committee amendments, State of New Jersey, dated June 16, 2021, reporting the bill favorably. As amended, the bill requires every mercantile establishment in this State that displays gift cards for sale to train employees to identify and respond to gift card fraud, following guidelines from the Director of the Division of Consumer Affairs issued in consultation with the Attorney General. A retail mercantile establishment that does not train employees would be subject to a civil penalty of $1,000, though the failure would not be an unlawful practice under the New Jersey consumer fraud act. The statement says the bill is identical to Assembly Bill No. 802 (1R).

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
1352

with
committee amendments

STATE
OF NEW JERSEY

DATED: JUNE
16, 2021

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 1352.

As amended, this bill requires every mercantile establishment in this State that
displays gift cards for sale to train employees on how to identify and respond
to gift card fraud.

In
consultation with the Attorney General, the Director of the Division of
Consumer Affairs would be required to issue guidelines concerning the
detection and prevention of gift card fraud. The training for employees of
retail mercantile establishments would be required to be conducted in
accordance with the guidelines.

The bill provides that the guidelines would include,
but not be limited to: (1) information raising public awareness of the
prevalence of gift card fraud; (2) information concerning common gift card
fraud schemes; and (3) best practices for retail mercantile establishments to
prevent gift card fraud. The guidelines would be published on the Internet
websites of the Department of Law and Public Safety and the Division of
Consumer Affairs, and updated periodically, as necessary.

Under
the bill, a retail mercantile establishment that does not train employees as
required by its provisions would be subject to a civil penalty in the amount of
$1,000. However, failure to train employees would not be considered an
unlawful practice in violation of the New Jersey consumer fraud act.

As
amended and reported, this bill is identical to Assembly Bill No. 802 (1R), as
also amended and reported by the committee.

COMMITTEE AMENDMENTS

The committee amendments require the Director of the
Division of Consumer Affairs to issue guidelines concerning the detection and
prevention of gift card fraud. The training for employees of retail mercantile
establishments under the bill would be required to be conducted in accordance
with the guidelines. The amendments provide that the guidelines would include,
but not be limited to: (1) information raising public awareness of the
prevalence of gift card fraud; (2) information concerning common gift card
fraud schemes; and (3) best practices for retail mercantile establishments to
prevent gift card fraud.

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