Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.*
What changed between versions
The regulated party was flipped: the original bill required licensed real estate professionals to send a notice text before soliciting home owners; the substitute requires unlicensed individuals to send a notice text stating they are NOT licensed by the New Jersey Real Estate Commission.
The statutory basis shifted from supplementing chapter 15 of Title 45 (real estate licensing) to supplementing P.L.1960, c.39 (C.56:8-1 et seq.), which is the Consumer Fraud Act, reflecting the new consumer-protection focus.
Added a definition of 'text messaging' as wireless transmission of text, images, or a combination thereof via cellular phone, paging or message service, personal digital assistant, or any other electronic communications device.
Penalties changed from referencing the real estate commission's penalty structure (R.S.45:15-17) to specific monetary penalties of up to $5,000 for a first violation and up to $10,000 for subsequent violations, enforced by the Division of Consumer Affairs through summary proceedings under the Penalty Enforcement Law of 1999.
The public education program was expanded from a commission-only effort to one led by the Division of Consumer Affairs, now including a marketing campaign, coverage of fraudulent activity by unlicensed solicitors, and information on how consumers can verify whether a purported real estate professional is actually licensed.
Added language permitting the Division of Consumer Affairs and the Real Estate Commission to take anticipatory action before the effective date as necessary for implementation.
