
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: October 31, 2014
Partner
201-896-7163 rlevy@sh-law.comA bill currently awaiting Gov. Chris Christie’s signature would dramatically limit the ability of New Jersey businesses to advertise via text messages. Both the state Assembly and Senate unanimously approved the proposed legislation for a new texting ban.
Under Assembly Bill No. 617, New Jersey businesses would have to obtain permission from text message recipients before sending any advertisements. Permission may be granted only with prior express authorization from the intended recipient that includes the number to which the text message advertisement may be sent. In addition, the permission may be revoked at any time with a request that includes the number for which permission is being revoked.
“Just as telephone customers have been able to close their homes to unwanted telemarketing calls, cell customers should be able to be free of unwanted text ads,” Assemblyman Paul Moriarty (D), one of the bill’s co-sponsors, said in statement.
The proposed bill also provides that any telecommunications company that offers text messaging services must also offer the option for customers to block all incoming and outgoing texts. Cell service providers, however, may continue to send text messages to customers concerning their existing accounts if the customer will not incur a telecommunications charge or a usage allocation deduction as a result of the message being sent.
Violations of the proposed law would be punishable by a monetary fine of up to $10,000, with subsequent offenses incurring a penalty of up to $20,000. The bill does provide an exception under which a sender would not be held liable for a violation if it demonstrates by clear and convincing evidence that any unsolicited text was an isolated message sent no more than one time in a 12-month period.
We will be closely tracking the status of AB 617. Businesses should be aware that several other states, including Connecticut, California, Washington, and Rhode Island, already have similar laws in place. Therefore, it is imperative to ensure that your advertising practices governing text messages are up-to-date.
If you have questions about this post or would like to discuss how you may be impacted by the proposed legislation, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!