ASSEMBLY, No. 2608

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED FEBRUARY 13, 2020

Sponsored by:

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

SYNOPSIS

     Requires cell phone warranties to last throughout initial service contract.

CURRENT VERSION OF TEXT

     As introduced.

An Actconcerning cell phone warranties and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    As used in this act:

     "Subscriber" means any person to whom wireless telephone service is provided.

     "Wireless telephone service" means commercial mobile radio service as defined in 47 U.S.C. s.332 (d).

     "Wireless telephone service provider" means any person providing wireless telephone service, or any sales person employed by a wireless telephone service provider, or any direct or indirect affiliate or agent of a wireless telephone service provider who sells a wireless communication device to a subscriber.

     2.    a.  A wireless telephone service provider shall not sell a wireless communication device to a subscriber unless that wireless communication device is covered by a warranty that obligates the wireless telephone service provider, upon failure or malfunction of the wireless communication device, to correct the malfunction or defect or replace the wireless communication device with a similar one of equal or greater value.

     b.    Any warranty required pursuant to the provisions of subsection a. of this section and provided after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall remain in effect for a period of time at least as long as the initial contract for wireless telephone service between the subscriber and the wireless telephone service provider is valid, but in no case for a period of time less than one year.

     c.     A violation of this section is an unlawful practice.

     3.    This act shall take effect of the first day of the seventh month next following enactment.

STATEMENT

     This bill would require cell phone warranties to last throughout the length of an initial service contract.  Under the bill, wireless telephone service providers would be required to offer warranties on wireless communication devices.  These warranties would have to last at least as long as the initial wireless telephone service contract, or for one year, whichever is longer.

     The bill specifies that violations would be unlawful practices under the consumer fraud act.  An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.  Additionally, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.