N.J. Admin. Code § 13:31A-1.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:31A-1.13 - Advertising

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

"Advertisement" means an attempt, directly or indirectly, by publication, dissemination, or circulation in print, electronic or other media, to induce any person or entity to purchase or enter into an agreement to purchase burglar alarm, fire alarm or locksmithing services or goods related thereto.

"Electronic media" means radio, television, telephone, internet, and other electronic means of communication.

"Print media" means business cards, newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, direct mail, match covers and other items disseminated by means of the printed word.

"Range of fees" means a statement of fees containing an upper and lower limit on the fees charged for services or goods offered by a licensee under this subchapter.

(b) A licensee shall be able to substantiate the truthfulness of any material, objective assertion or representation set forth in an advertisement.

(c) A licensee who is a principal, partner or officer of a firm or entity identified in an advertisement for the provision of burglar alarm, fire alarm or locksmithing services, goods or devices shall be responsible for the form and content of any advertisement disseminated by or on behalf of a person employed by the firm.

(d) A licensee shall ensure that an advertisement does not misrepresent, suppress, omit or conceal a material fact. Omission, suppression or concealment of a material fact includes directly or indirectly obscuring a material fact under circumstances where the licensee knows or should know that the omission is improper or prohibits a prospective client from making a full and informed judgment on the basis of the information set forth in the advertisement.

(e) A licensee shall include the following in all advertisements and professional representations, other than an office entry sign, including advertisements in a classified directory, business cards and professional stationery:

1. The name and license number of the licensee;

2. The words "Burglar Alarm Business License Number" or "Burglar Alarm Business Lic. #," "Fire Alarm Business License Number" or "Fire Alarm Business Lic. #" or "Locksmith Business License Number" or "Locksmith Business Lic. #," or any combination thereof, as applicable; and

3. The street address and telephone number of the business office.

(f) All commercial vehicles used in the burglar alarm business, the fire alarm business, or the provision of locksmithing services shall be marked on both sides with the following information:

1. The business name of the licensee in lettering at least three inches in height;

2. The words "Burglar Alarm Business License Number" or "Burglar Alarm Business Lic. #," "Fire Alarm Business License Number" or "Fire Alarm Business Lic. #" or "Locksmith Business License Number" or "Locksmith Business Lic. #" or any combination thereof, as applicable, along with the relevant number; and

3. The name of the municipality from which the licensee practices or where the licensee has a principal office, in lettering at least three inches in height.

i. Where available space for lettering is limited, either by design of the vehicle or by the presence of other legally specified identification markings, making strict compliance with (f)3 above impractical, the size of the lettering shall be as close to three inches high as is possible within the limited space, provided the name is clearly visible and readily identifiable.

(g) Advertisements regarding fees shall be limited to those which contain a fixed or a stated range of fees for specifically described burglar alarm, fire alarm or locksmithing services.

(h) A licensee who advertises a fee or range of fees shall include the following disclosures in any such advertisement:

1. All relevant and material variables and considerations which are ordinarily included in the advertised services so that the fee will be clearly understood by prospective clients. In the absence of such disclosures, the stated fees shall be presumed to include everything ordinarily required for the advertised services;

2. The additional services contemplated and the fee to be charged therefor. In the absence of such disclosures, the licensee shall be prohibited from charging an additional fee for the advertised service; and

3. The period during which the advertised fee will remain in effect. In the absence of such disclosure, the advertisement shall be deemed to be effective for 30 days from the date of its publication.

(i) The advertisement of any specific fee shall not preclude the licensee from decreasing the fee or waiving the fee in individual circumstances.

(j) A licensee shall not offer a professional service which the licensee knows or should know is beyond his or her ability or expertise to perform.

(k) A licensee shall not advertise by using any technique or communication which appears to intimidate, exert undue pressure or unduly influence a prospective client.

(l) An advertisement containing a lay or an expert testimonial shall be based upon the testimonial giver's personal knowledge or experience obtained from a relationship with the licensee or upon the testimonial giver's direct personal knowledge of the subject matter of the testimonial.

(m) Prior to using the testimonial, the licensee shall obtain a signed, notarized statement and release indicating the testimonial giver's willingness to have his or her testimonial used in the advertisement.

(n) A layperson's testimonial shall not attest to any technical matter beyond the layperson's competence to comment upon.

(o) An expert testimonial shall be rendered only by an individual possessing specialized expertise sufficient to allow the rendering of a bona fide statement or opinion.

(p) A licensee shall be able to substantiate any statement of fact appearing in a testimonial.

(q) Where a licensee directly or indirectly provides compensation to a testimonial giver, the fact of such compensation shall be conspicuously disclosed in a legible and readable manner in any advertisement in the following language or its substantial equivalent: COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL.

(r) A licensee shall retain for a period of three years from the date of initial publication or dissemination, a copy of every advertisement appearing in print or electronic media. The licensee shall indicate on all advertisements in his or her possession the date and place of publication or dissemination.

(s) Documentation relating to the use of testimonials shall be retained for a period of three years from the date of the last use. Documentation shall include:

1. The name, address and telephone number of the testimonial giver;

2. The type and amount or value of compensation; and

3. The notarized statement and release required pursuant to (m) above.

N.J. Admin. Code § 13:31A-1.13

Amended by R.2009 d.300, effective 10/5/2009.
See: 41 N.J.R. 1940(a), 41 N.J.R. 3810(a).
In (e)2 and (f)2, substituted "Business License Number" for "license number" throughout, and "Business Lic." for "Lic." throughout, deleted a comma following the second occurrence of "#", and inserted "or any combination thereof,"; and in (f)2, deleted a comma following the third occurrence of "#".