Senate Commerce Committee Statement to Senate, No. 4238 — State of New Jersey (December 6, 2021)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated December 6, 2021, reports favorably Senate Bill No. 4238. The bill requires a person who sells merchandise primarily in a language other than English to deliver, before the contract is executed, a copy or translation of the contract in that language covering every term and condition. It applies to certain consumer, motor vehicle, consumer loan, residential rental, legal services and foreclosure consulting contracts. Financial organizations negotiating residential real property loans in another language must deliver the contract in that language with certain translated Consumer Financial Protection Bureau forms. Modification offers must be summarized in the language of the negotiation.

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

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