Assembly Unanimously Passes Ramos Bill to Clamp Down on Unsolicited Checks
By Jon Whiten • Feb 25th, 2010 • Category: Blog, News, PoliticsA consumer-protection bill sponsored by Hudson County Assemblyman Ruben J. Ramos Jr. and several other legislators was passed by a 75 to zero vote today in the Assembly. The legislation, which now heads to the Senate, would make it illegal for companies to send an unsolicited check to an individual which, upon being cashed or redeemed, obligates that person to pay fees or enrolls them in any club, service, plan or continuing agreement.
Solicitations related to legit banking services, or stemming from a pre-existing and direct business-to-consumer relationship, would be exempt from the legislation.
“Checks related to legitimate services would be exempt, as they should, but trying to take advantage of people in these difficult economic times is just flat out wrong,” Ramos says in a statement. “We can do better and this bill will make sure of that.”
Violations would be enforceable under the state’s Consumer Fraud Act, which hits offenders with a fine of no more than $10,000 for a first offense, and no more than $20,000 for any subsequent offense. A violation could also result in action from the state Attorney General and the assessment and awarding of additional punitive and treble damages to the consumer.
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Jon Whiten is the founding editor of the Jersey City Independent; he now works for a public-policy nonprofit in Trenton.
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