Deceptive business practices

Deceptive business practices

The charge of "Deceptive business practices" in New Jersey is very serious. The law states:

N.J.S.A. 2C:21-7. Deceptive Business Practices. A person commits an offense if in the course of business he:

a. Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

b. Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;

c. Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;

d. Sells, offers or exposes for sale adulterated or mislabeled commodities;

e. Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services;

f. Deleted by Amendment (P.L.1981, c. 290).

g. Deleted by Amendment (P.L.1981, c. 290).

h. Makes a false or misleading written statement for the purpose of obtaining property or credit; or

i. Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities.

The offense is a crime of the fourth degree if subsection h. or i. is violated. Otherwise it is a disorderly persons offense.

It is an affirmative defense to prosecution under this section if the defendant proves by a preponderance of the evidence that his conduct was not knowingly or recklessly deceptive.

"Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage.

SOURCE. N.J.S. 2A:108-1 to 2A:108-4; 2A:108-5 amended 1966, c. 215, §1; 2A:108-6, 2A:108-7 amended 1966, c. 215, §2; 1967, c. 98; 2A:111-22 to 2A:111-24; C. 2A:111-32 (1960, c. 62, §1 amended 1967, c. 301, §3); N.J.S. 2A:150-1; 2A:170-42; 2A:170-72; Model Penal Code: 224.7. Amended. L. 1979, c. 178, §36A; L. 1981, c. 290, §23A.

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