Legal Definitions - New Jersey

New Jersey

New Jersey, a state located in the northeastern United States, is also a jurisdiction known for its specific legal framework governing telemarketing and unsolicited commercial communications. The state has enacted various statutes designed to protect its residents and businesses from unwanted solicitations made via telephone (both landline and mobile), as well as unsolicited faxes. These laws establish rules for how businesses can contact consumers, provide mechanisms for individuals to opt out of receiving such communications, and offer legal remedies for violations.

• Example 1: Unwanted Telemarketing Calls to a Residence

  A homeowner in Cherry Hill, New Jersey, has registered their landline phone number on both the national and New Jersey state "Do Not Call" lists. Despite this, they repeatedly receive automated calls from a company attempting to sell home security systems, even though they have no prior business relationship with that company.

  How this illustrates the term: This situation falls under New Jersey's telephonic anti-solicitation statutes (e.g., N.J. Stat. §§ 56:8-119 et seq.). These laws are designed to protect residents from unwanted telemarketing calls, especially when they have explicitly opted out by registering their number on a "Do Not Call" list. The company making the calls could be in violation of New Jersey law for contacting a registered number.

• Example 2: Unsolicited Commercial Faxes to a Business

  A dental office in Hoboken, New Jersey, frequently receives unsolicited faxes advertising discounted medical supplies from a vendor they have never purchased from and have no existing business relationship with. These faxes consume the office's paper and toner and can tie up their fax line, preventing legitimate communications.

  How this illustrates the term: This scenario is directly addressed by New Jersey's fax anti-solicitation laws (N.J. Stat. § 56:8-158). These statutes prohibit businesses from sending unsolicited advertisements via fax to individuals or other businesses within the state, aiming to prevent the waste of resources and disruption caused by such unwanted communications.

• Example 3: Unauthorized Mobile Phone Text Messages

  A resident of Jersey City, New Jersey, receives several text messages on their mobile phone from a financial services company promoting a new credit card. The resident never provided their consent to receive marketing messages from this company and has no prior relationship with them.

  How this illustrates the term: This example demonstrates the application of New Jersey's mobile phone anti-solicitation statutes (N.J. Stat. § 56:8-130). These laws regulate unsolicited communications, including text messages and automated calls, to mobile phones, often requiring prior express consent from the recipient to prevent unwanted intrusions and potential charges for data or airtime.