Privacy Law Library

Unsolicited Facsimile Advertisement Law

NJ Junk Fax Law

Marketing · Communications

New Jersey bans sending unsolicited fax advertisements within the state, except to recipients with an existing business relationship or fellow members of a nonprofit or trade association. Even permitted faxes must carry a first-page opt-out notice, and recipients can sue for statutory damages.

Where
New Jersey
Citation
N.J.S.A. 56:8-157 to 56:8-160; P.L.2005, c.114
Status
In force
In force since
2005-12-01
Enforced by
Private actions in Superior Court; Attorney General / Division of Consumer Affairs under the Consumer Fraud Act (56:8-160)
People can sue
Yes
Penalties
An aggrieved person recovers the greater of actual damages or $500 per violation, or the greater of actual damages or $1,000 per transmission sent after a cease-and-desist request, plus costs and attorney's fees (56:8-159). Violations are also CFA unlawful practices subject to CFA penalties (56:8-160).
Applies to
  • Persons within New Jersey who send unsolicited advertisements to fax machines in New Jersey; internet and telecom providers acting only as automatic conduits are excluded (56:8-158(a))

What a privacy notice must say

  • Faxes sent under the existing-business-relationship or same-nonprofit-member exception must carry a clear first-page notice of the right to opt out, with a domestic address and fax number for opt-out requests.N.J.S.A. 56:8-158(b) · Only if: Existing business relationship or same-organization member exception

Rights it gives people

  • Recipients may send a written or faxed request to stop future fax advertisements, which remains effective until they give new express permission.N.J.S.A. 56:8-158(c)

Practices it requires

  • Do not send unsolicited advertisements by fax, computer, or other device to a fax machine in New Jersey.N.J.S.A. 56:8-158(a)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date computed as the first day of the sixth month after approval on June 29, 2005 (December 1, 2005). | Current text was checked only in the 2022 DCA courtesy copy, not in the Legislature's database.

Research reference, not legal advice.