2009 New Jersey Code
TITLE 56 - TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES
56:12
56:12-8 - Opinions on compliance of consumer contracts;  review by attorney  general;  certification;  fee

56:12-8.  Opinions on compliance of consumer contracts;  review by attorney  general;  certification;  fee
    a.  A creditor, seller, insurer, lessor or any person in the business of preparing and selling forms of consumer contracts may request an opinion from the Attorney General, or the Commissioner of Insurance, in regard to contracts of insurance provided for in subsection c. of section 1 of this act (C. 56:12-1c.), as to whether a consumer contract complies with this act.

    The Attorney General or the Commissioner of Insurance, as the case may be, shall furnish the opinion within a reasonable period of time.

    b.  After reviewing the contract the Attorney General or the Commissioner of  Insurance, as the case may be, shall:  (1) certify that the contract complies  with this act;  (2) decline to certify that the contract complies with this act  and note his objections to the contractual language; (3) decline to review the  contract and refer the party submitting the contract to other previously  certified contracts of the same type;  (4) decline to review the contract  because the contract's compliance with this act is the subject of pending  litigation;  or (5) decline to review the contract because the contract is not  subject to this act.

    c.  Actions of the Attorney General or the Commissioner of Insurance, as the  case may be, pursuant to this section are not appealable.

    d.  Any consumer contract certified pursuant to this section is deemed to comply with this act.  Certification of a consumer contract pursuant to this section is not otherwise an approval of the contract's legality or legal effect.

    e.  Failure to submit a contract to the Attorney General or the Commissioner  of Insurance, as the case may be, for review pursuant to this section does not  show a lack of good faith nor does it raise a presumption that the contract  violates this act.  If pursuant to this section the Attorney General or the  Commissioner of Insurance, as the case may be, refers a party to a previously  certified contract, that the party chooses not to use the contract does not  show a lack of good faith nor does it raise a presumption that a contract used  by that party violated this act.

    f.  The Attorney General or the Commissioner of Insurance, as the case may be, may charge a fee, not to exceed $50.00, for the costs of reviewing a consumer contract pursuant to this section.

     L.1980, c. 125, s. 8, eff. Oct. 16, 1980.  Amended by L.1981, c. 464, s. 6; L.1982, c. 88, s. 3, eff. July 23, 1982.