GUSCIORA / CRUZ-PEREZ / MORIARTY / RILEY BILL TARGET SIMULATED GOVERNMENT DOCUMENTS

GUSCIORA / CRUZ-PEREZ / MORIARTY / RILEY BILL TARGET SIMULATED GOVERNMENT DOCUMENTS

(TRENTON) – Assembly members Reed Gusciora, Nilsa Cruz-Perez, Paul Moriarty and Celeste Riley are sponsoring legislation to make it illegal for businesses to advertise using a simulated government document.

The bill (A-3931) would make using such documents – whether through the mail or the Internet – a violation of the Consumer Fraud Act.

“Marketing companies that use these simulated forms are preying on the vulnerability of the average citizen during a global recession,” said Gusciora (D-Mercer). “This is not just unconscionable, but should be illegal. Many New Jerseyans who thought they were getting help from the government are instead being faced with the harsh reality that they were duped.”

The bill defines “simulated government document” as any commercial document, envelope, or Web site which, because of its appearance, has the tendency to deceive a person viewing it into believing it’s an official document, even though it’s not authorized or distributed by any government entity.

“These documents often target seniors, students and families looking for a helping hand and this must be stopped,” said Cruz-Perez (D-Camden). “Tricking people by making your documents look like they were issued by a government is misleading and wrong.”

“We need to do better than tiny fine print when it comes to distinguishing between real and fake government forms,” said Moriarty (D-Gloucester/Camden). “This is a consumer protection measure pure and simple.”

“These fake forms may lead many to reveal vital personal information that no deceptive business needs to know,” said Riley (D-Cumberland). “Making it illegal to mislead people with simulated government documents is simply the right thing to do, and those who do so should face stiff punishment.”

An unlawful practice under the Consumer Fraud Act is punishable by a penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.

Also, a violation 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.

The bill has been approved 76-3 by the Assembly and referred to the Senate Commerce Committee for more consideration.

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