Guide to Regulations SUBCHAPTER

New Jersey Administrative Code
Title 13, Chapter 45A.
Administrative Rules of the Division of Consumer Affairs

SUBCHAPTER 1. DECEPTIVE MAIL ORDER PRACTICES
13:45A-1.1 General provisions
(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.,
this rule makes unlawful thereunder some specific practices in the mail order or catalog business.
(b) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mail
order or catalog business to accept money through the mail or any electronic transfer medium, for merchandise
ordered by mail, telephone, facsimile transmission or electronic mail and then permit six weeks to elapse without
either:
1. Delivering or mailing the merchandise order; or
2. Making a full refund; or
3. Sending the consumer a letter or notice advising the consumer of the duration of an expected delay or the
substitution of merchandise of equivalent or superior quality, and offering to send a refund within one week if
so requested. If a proposal to substitute merchandise is made, it shall describe, in specific detail, how the
substituted merchandise differs from the merchandise ordered; or
4. Sending the consumer substituted merchandise of equivalent or superior quality, together with:
i. A written notice offering, without reservation, to accept the return of the merchandise at the seller’s expense
within 14 days of receipt of the merchandise and, upon request, the consumer’s choice of either, a refund of
cash paid, including the amount of postage to return the item, or a credit; and
ii. A postage-paid letter or card on which the consumer may indicate whether he wishes the purchase price to
be refunded or credited to his account within 14 days of receipt of the letter or card by the seller. The
consumer’s request entered on such a letter or card must be honored by the seller; and
iii. The written notice and postage-paid letter or card, as stated in (b)4i and ii above, need not be sent with the
merchandise, if in lieu thereof, a statement that the seller will accept the return of the merchandise for a
period of at least 14 days without reservation is printed in the catalog itself.
(c) For purposes of (b)3 and 4 above, merchandise may not be considered of “equivalent or superior quality” if it is not
substantially similar to the merchandise ordered or not fit for the purposes intended, or if the seller normally offers
the substituted merchandise at a price lower than the price of the merchandise ordered.
(d) Subsection (b) above does not apply:
1. To merchandise ordered pursuant to an open-end credit plan as defined in the Federal Consumer Credit Protection
Act or any other credit plan pursuant to which the consumer’s account was opened prior to the mail order
in question, and under which the creditor may permit the customer to make purchases from time to time from
the creditor or by use of a credit card; or
2. When all advertising for the merchandise contains a notice (which, in the case of printed advertising, shall be in
a type size at least as large as the price) that delay may be expected of a specified period. In such cases, one of
the events described in (b) above must occur no later than one week after expiration of the period specified in
the advertisement; or
3. To merchandise, such as quarterly magazines, which by their nature are not produced until a future date and for
that reason cannot be stocked at the time of order; or
4. To installments other than the first of merchandise, such as magazine subscriptions, ordered for serial delivery.
(e) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mail
order or catalog business to fail to disclose the legal name of the company and the complete and permanent street
address from which the business is actually conducted in any materials, including advertising and promotional
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materials, order blanks and order forms, which contain a mailing address other than the actual street address from
which the business actually engages in or conducts business.
(f) The provisions of this section shall apply to any person who conducts a mail order or catalog business in or from the
State of New Jersey or who advertises or sells merchandise via mail order or catalog into this State.

SUBCHAPTER 4. BANNED HAZARDOUS PRODUCTS
13:45A-4.1 Unconscionable commercial practice
It shall be an unconscionable commercial practice for any person, including any business entity, to manufacture, distribute,
sell or offer for sale any consumer product contrary to any order of the Consumer Product Safety Commission, pursuant
to 15 U.S.C. §2051 et seq.
13:45A-4.2 Consumer product defined
(a) For purposes of this rule, the term “consumer product” means any article or component part thereof, produced or
distributed:
1. For sale to a consumer for use in or around a permanent or temporary household or residence, a school, in
recreation or otherwise; or
2. For the personal use, consumption or enjoyment of a permanent or temporary household or residence, a school,
in recreation or otherwise.
13:45A-4.3 Violations
Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A.
56:8-1 et seq. any violation of the provisions of this rule shall be subject to the sanctions contained in said Consumer Fraud
Act.

SUBCHAPTER 5. DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS
13:45A-5.1 Deceptive practices; generally
(a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for
merchandise ordered for future delivery shall:
1. Deliver all of the ordered merchandise by or on the promised delivery date; or
2. Provide written notice to the consumer of the impossibility of meeting the promised delivery date. The notice
shall offer the consumer the option to cancel said order with a prompt, full refund of any payments already
made or to accept delivery at a specified later time. Said written notice shall be mailed on or prior to the
delivery date.
(b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a
partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer
the option of cancelling the order with a prompt, full refund of any payments already made or accepting
delivery of the balance of the ordered merchandise at a specified later date.
(c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.
(d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances,
and such items as carpets and draperies.
(e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size,
style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.
1. Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the
furniture or of exercising any of the options set forth in (a)2 above.
13:45A-5.2 Contract forms; date of order
(a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in
ten-point bold face type:
The merchandise you have ordered is promised for delivery to you on or before (insert date or length of time
agreed upon).
(b) The blank delivery date shall be filled in by the seller either as a specific day of a specific month or as a length of time
agreed upon by the buyer and seller (for example, “six weeks from date of order”).
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13:45A-5.3 Contract form; delayed delivery
(a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed
delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales
document, the following notice in ten-point bold face type:
If the merchandise ordered by you is not delivered by the promised delivery date, (insert name of seller) must
offer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made, or
(2) accepting delivery at a specific later date.
(b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New
Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.
(c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales
final” or “no cancellations”, which violate or are contrary to the rights and responsibilities provided for by this rule.
Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.
13:45A-5.4 Violations; sanctions
Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A.
56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in said Consumer
Fraud Act

SUBCHAPTER 9. GENERAL ADVERTISING
13:45A-9.1 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
“Advertisement” means any attempt by an advertiser, other than by use of a price tag, catalog or any offering for the sale
of a motor vehicle subject to the requirements of N.J.A.C. 13:45A-26A, to directly or indirectly induce the purchase or rental
of merchandise at retail, appearing in any newspaper, magazine, periodical, circular, in-store or out-of-store sign or other
written matter placed before the consuming public, or in any radio broadcast, television broadcast, electronic medium or
delivered to or through any computer.
“Advertiser” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in the
sale or rental of merchandise at retail and who placed, either directly or through an advertising agency, an advertisement
before the public.
“Catalog” means a multi-page solicitation in which a seller offers goods for sale or rental for a seasonal or specified
period of time, from which consumers can order goods directly without going to the seller’s place of business. An advertising
circular, distributed through inclusion in a newspaper, representing a seller’s partial offering of goods for sale or rental
for a period of time not to exceed two weeks, shall not be considered a catalog.
“Closeout sale” means a sale in which an advertiser offers for sale at a reduced price items of merchandise remaining at
one or more specified locations which the advertiser will not have available for sale within a reasonable period of time after
all such items have been sold.
“Division” means the Division of Consumer Affairs.
“Factory outlet” means an establishment owned by a manufacturer that is used primarily to offer, at retail, the manufacturer’s
products directly to the consumer for his or her own use and not for resale.
“Fictitious former price” means an artificially inflated price for an item or items of merchandise established for the
purpose of enabling the advertiser to subsequently offer the item or items at a large reduction.
“Former price or price range” in a price reduction advertisement means an advertised price or price range for an item of
merchandise that has been offered or sold by the advertiser in his or her trade area or competitors in their trade area.
“Home appliance” means any electrical, mechanical or thermal article produced or distributed for sale to a consumer for
use in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras,
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computers, dehumidifiers, dishwashers, dryers, electric blankets, electronic games, fans, freezers, motorized kitchen aids,
ovens, radios, ranges, refrigerators, stereo equipment, televisions and washers.
“Merchandise” means any objects, wares, goods, commodities, services or anything offered directly or indirectly to the
public for sale or rental at retail.
“Multi-tiered pricing” means a form of offer where the price of merchandise or the extent of a discount is contingent
upon the consumer’s merchandise selections, such as the number of units purchased, the purchase of other merchandise
pursuant to the terms of the advertiser’s offer, or the total dollar amount of the consumer’s order, for example, “Buy two cans
of soda, get a third can at half price.”
“Percentage-off discount” means an offer to sell merchandise expressed in terms of a percentage reduction or range of
percentage reductions in price, such as “10% off” or “25% to 50% off.”
“Point of display” means a location within a retail establishment where an item of merchandise is displayed for the
purpose of selection by the consumer with the intention of purchase.
“Point of sale” means any location in a retail establishment where purchases of merchandise are totaled by a scanner and
payment is made by a consumer.
“Point of sale discount” means a price reduction which, although it is advertised or posted at the point of display, is
automatically applied to reduce the retail price of the merchandise at the time it is scanned for consumer purchase, or a price
reduction manually entered through a cash reduction or similar device, then scanned for consumer purchase.
“Price advertisement” means any advertisement in which a specific dollar price is stated with regard to specific advertised
merchandise.
“Price reduction advertisement” means an advertisement which in any way states or suggests directly or indirectly that
merchandise is being offered or made available for sale at a price less than that at which it has been routinely sold or offered
for sale in the past or at which it will be sold or offered for sale in the future. The following words and terms or their
substantial equivalent, when used in any advertisement except when used exclusively as part of the advertiser’s corporate,
partnership or trade name, shall be deemed to indicate a price reduction advertisement: sale, discount, special savings, price
cut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate, originally, formerly, warehouse or factory clearance,
buy one get one free, at cost, below cost, wholesale.
“Rain check” means a written statement issued by an advertiser allowing the purchase of designated merchandise at a
previously advertised price.
“Scanner” means an electronic system that employs a laser bar code reader to retrieve product identity, price and other
information stored in computer memory.
“Targeted discount” means a price reduction on merchandise which reduction is restricted to customers designated by
the advertiser, such as those who possess a card or other device bearing a scanner-readable code issued by the advertiser, a
particular type of credit card, or some other device which, when read by the scanner, shall apply the discount at the time of
purchase.
“Trade area” means that geographical area in which an advertiser solicits or makes a substantial number of sales.
13:45A-9.2 General advertising practices
(a) Without limiting the application of N.J.S.A. 56:8-1 et seq., the following practices shall be unlawful with respect to
all advertisements:
1. The failure of an advertiser to maintain and offer for immediate purchase advertised merchandise in a quantity
sufficient to meet reasonably anticipated consumer demand therefor. When an advertisement states a specific
period of time during which merchandise will be available for sale, a sufficient quantity of such merchandise
shall be made available to meet reasonably anticipated consumer demand during the stated period. When no
stated period appears in the advertisement, a sufficient quantity of merchandise shall be made available to meet
reasonably anticipated consumer demand during three consecutive business days commencing with the effective
date of the advertisement. The requirement of this subsection shall not be applicable to merchandise which
is advertised:
i. On an in-store sign only with no corresponding out-of-store sign;
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ii. As being available in a specific quantity; or
iii. As being available in a “limited supply,” pursuant to a “closeout sale” or pursuant to a “clearance sale” if
such offering meets the definition of a closeout sale; or if represented to be permanently reduced.
2. The failure of an advertiser to specifically designate within an advertisement which merchandise items possess
special or limiting factors relating to price, quality, condition or availability. By way of illustration, and not by
limitation, the following shall be deemed violative of this subparagraph:
i. The failure to specifically designate which merchandise items are below cost, if any amount less than all
advertised items are below cost, when a statement of below cost sales is set forth in an advertisement;
ii. The failure to specifically designate which merchandise items, if any, are damaged or in any way less than
first quality condition;
iii. The failure to specifically designate merchandise as floor models, discontinued models or one of a kind,
when applicable;
iv. The failure to clearly designate or describe the retail outlets at which advertised merchandise will or will not
be available. Such information need not be disclosed on any in-store advertisement.
3. The failure to conspicuously post notice of advertised merchandise, on the business premises to which the
advertisement applies, in proximity to the advertised merchandise or at all entrances to the business premises.
Such notice may consist of a copy of the advertisement or may take the form of a tag attached to the merchandise
or any sign with such terms as “sale,” “as advertised,” “20% off.”
4. In any price advertisement in which a home appliance is offered for sale, the failure of an advertiser to disclose
the following information relating to the advertised merchandise: the manufacturer’s name or the merchandise
trade name, the model or series number and such other information as may be necessary to clearly delineate the
advertised item from other similar merchandise produced by the same manufacturer.
5. The use of any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring of
any material fact.
6. The use of the terms “Public Notice,” “Public Sale” or words or terms of similar meaning in any advertisement
offering merchandise for sale, where such sale is not required by court order or by operation of law, other than
a sale conducted by an auctioneer on behalf of a non-business entity.
7. Describing the advertiser through the use of the terms “warehouse,” “factory outlet,” “discount,” “bargain,”
“clearance,” “liquidators,” “unclaimed freight,” or other words or terms of similar meaning, whether in the
advertiser’s corporate, partnership or trade name or otherwise, where such terms do not reflect a bona fide
description of the advertiser being described.
8. Whenever an advertiser provides a raincheck for an advertised item which is not available for immediate
purchase, the failure to:
i. Honor or satisfy such raincheck within 60 days of issuance unless an extension of such time period is agreed
to by the holder thereof; and
ii. Give written or telephonic notice to the holder thereof when the merchandise is available and hold such
merchandise for a reasonable time after giving such notice, for all merchandise with an advertised price
greater than $15 per unit; and
iii. Offer a raincheck to all customers who are unable, due to the unavailability thereof, to purchase the advertised
merchandise during the period of time during which the merchandise has been advertised as available
for sale.
9. The making of false or misleading representations of facts concerning the reasons for, existence or amounts of
price reductions, the nature of an offering or the quantity of advertised merchandise available for sale.
10. The failure of an advertiser to substantiate through documents, records or other written proof any claim made
regarding the safety, performance, availability, efficiency, quality or price of the advertised merchandise, nature
of the offering or quantity of advertised merchandise available for sale. Such records shall be made
available upon request for inspection by the Division or its designee at the advertiser’s regular place of business
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or central office in New Jersey, or, at the advertiser’s option, the Division’s designated offices, for a period of 90
days following the effective date of the advertisement.
11. The use, directly or indirectly, of a comparison to a suggested retail price, inventory price, invoice price or
similar terms that directly or indirectly compare or suggest the comparison between the cost of supply and the
price at retail for the advertised merchandise.
12. Use of the term “cost,” “wholesale” or other similar terms to describe an advertised price where such price is
not equal to or less than the price per unit paid by the advertiser to the manufacturer or distributor of the
merchandise. In the computation of the price per unit of the advertised merchandise, freight may be included if
the advertiser pays for same and is not reimbursed therefore, but handling and all overhead or operating expenses
shall be excluded.
13. (Reserved)
13:45A-9.3 Price reduction advertisements; merchandise advertised at a price of less than $100.00
(a) An advertiser offering a price reduction on merchandise at a price of less than $100.00 shall, in addition to complying
with the provisions of N.J.A.C. 13:45A-9.2:
1. State with specificity in any price reduction advertisement the period of time during which the price reduction
shall be applicable, unless that merchandise is advertised in the manner set forth in N.J.A.C. 13:45A-9.2(a)1i
through iii;
2. Ensure that the amount of the price reduction is sufficiently large that the consumer, if he or she knew what the
former price was, would believe that a genuine bargain or saving was being offered; and
3. Comply with the provisions of N.J.A.C. 13:45A-9.4 if the advertisement makes reference to a former price or
price range; however, this requirement shall not apply to merchandise discount offers made in accordance with
N.J.A.C. 13:45A-9.8.
13:45A-9.4 Price reduction advertisements; items of merchandise specifically advertised at a price of more
than $100.00
(a) An advertiser offering an item of merchandise specifically advertised for sale at a price of $100.00 or more shall, in
addition to complying with the provisions of N.J.A.C. 13:45A-9.2:
1. State the selling price or price range;
2. State the former price or price range or the amount of the reduction in dollars;
3. State with specificity in any price reduction advertisement the period of time during which the price reduction
shall be applicable, unless the merchandise is advertised in the manner set forth in N.J.A.C. 13:45A-9.2(a)1i
through iii;
4. Set forth the former price or price range or the amount of reduction in dollars in close proximity to the selling
price or price range and the advertised item;
5. Set forth the basis upon which the former price or price range or the amount of reduction in dollars was established
in close proximity to the former price or price range of the advertised item. In this regard, terms such as
“comparable value,” “competitor’s price,” “our regular price,” or, words of similar import shall be used to
designate the basis for the former price; and
6. Set forth with specificity when in the remote past a former price of an item of merchandise was effective if it
was not actively or openly offered for sale within the advertiser’s trade area in the regular course of business
during at least 28 of the 90 days before the effective date of the advertisement. In this regard, when advertising
a seasonal sale, such as Christmas dishes, pool supplies, outdoor furniture, etc., actual dates, specific holidays
or terms such as “last season,” may be used to describe when the former price was used in the remote past.
(b) A former price or a selling price may be stated in terms of a price range when, and only when:
1. An advertiser operates more than one retail outlet at which advertised merchandise has been or will be available
for purchase at different prices in the ordinary course of business. In such case, the price range shall be based
upon the sales or offers of sale at the advertiser’s retail outlets; or
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2. An advertiser advertises two or more items of comparable merchandise as available at reduced prices, in which
case the price range shall be based upon former or usual selling prices of the advertised products.
i. The following examples would comply with this paragraph: “Regular price $110 to $125--On sale for
$100"; “Brand X 19” color TV--Regularly $250 to $300. Now $150 to $200.”
13:45A-9.5 Price reduction advertisements; merchandise advertised as a savings of a percentage or a range
of percentages
(a) An advertiser offering merchandise for sale at a savings of a percentage or a range of percentages (such as “save 20%
or 20% to 50% off”) shall, in addition to complying with the provisions of N.J.A.C. 13:45A-9.2:
1. State the minimum percentage reduction as conspicuously (such as the same size print) as the maximum percentage
reduction when applicable; and
2. Set forth the basis upon which the former price was established pursuant to N.J.A.C. 13:45A-9.6(b), in close
proximity to the percentage reduction. In this regard, terms such as “competitor’s price” or “our regular price”
or words of similar import shall be used to designate the basis for the former price.
(b) Percentage-off discounts made in accordance with N.J.A.C. 13:45A-9.8 shall be exempt from the requirements of
(a) above.
13:45A-9.6 Pricing; prohibition on fictitious pricing and methods of substantiation
(a) An advertiser shall not use a fictitious former price. Use of a fictitious former price will be deemed to be a violation
of the Consumer Fraud Act.
(b) A former price or price range or the amount of reduction shall be deemed fictitious if it can not be substantiated,
based upon proof:
1. Of a substantial number of sales of the advertised merchandise, or comparable merchandise of like grade or
quality made within the advertiser’s trade area in the regular course of business at any time within the most
recent 60 days during which the advertised merchandise was available for sale prior to, or which were in fact
made in the first 60 days during which the advertised merchandise was available for sale following the effective
date of the advertisement;
2. That the advertised merchandise, or comparable merchandise of like grade or quality, was actively and openly
offered for sale at that price within the advertiser’s trade area in the regular course of business during at least 28
days of the most recent 90 days before or after the effective date of the advertisement; or
3. That the price does not exceed the supplier’s cost plus the usual and customary mark-up used by the advertising
merchant in the actual sale of the advertised merchandise or comparable merchandise of like grade or quality
in the recent regular course of business.
(c) If the former price specifically references a time in the remote past during which it was offered, it shall be deemed
fictitious unless substantiated pursuant to either (b)1 or 3 above.
(d) The following examples of fictitious pricing are provided for illustration only and are not intended to limit the types
of advertising the Division shall consider to be fictitious:
1. John Doe is a retailer of Brand X fountain pens which cost him $5.00 each. His usual markup is 50 percent over
cost. That is, his regular retail price is $7.50. In order subsequently to offer an unusual “bargain,” Doe
temporarily raises the price of Brand X pens to $10.00 each. In so doing, Doe realizes that he will only be able
to sell a few pens, if any, at this inflated price. But he does not care, because he intends to maintain that price
for only a few days. Then he “cuts” the artificially inflated price of $10.00 to the usual price--$7.50 at which
time he advertises: “Terrific Bargain: X Pens, Were $10, Now Only $7.50.” This is obviously a false claim.
The advertised “bargain” is not genuine.
2. Retailer Doe advertises Brand X pens as having a “Retail Price $15.00, My Price $7.50,” when, in fact, only a
few small suburban boutique-type stores in the area charge $15.00. All of the larger outlets, like retailer Doe’s,
located in and around the main shopping areas charge approximately $7.50. This advertisement would be
deceptive because the price charged by the small suburban boutique or specialty stores would have no real
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significance to Doe’scustomers, to whom the advertisement of “Retail Value $15.00” would suggest a prevailing,
and not merely an isolated and unrepresentative price in the area in which they shop.
3. Retailer Doe advertises Brand X pen as “Comparable Value $15.00” when only a small number of unrepresentative
specialty stores in the trade area offer Brand Y, an essentially similar pen, for that price. This is a related
form of misleading advertising because the price of the comparable merchandise (that is, Brand Y), which is
cited for comparison is not representative of the price for Brand Y being charged by representative retail outlets
in the advertiser’s trade area.
13:45A-9.7 Application of regulation
(a) This subchapter shall apply to the following advertisements:
1. Any advertisement uttered, issued, printed, disseminated or distributed within this State concerning goods and
services advertised as available at locations exclusively within this State; and
2. Any advertisement, other than radio and television broadcasts, issued, printed, disseminated or distributed to
any substantial extent within this State concerning goods and services advertised as available at locations
within this State and outside this State; and
3. Any advertisement, other than radio and television broadcasts, issued, printed, disseminated or distributed
primarily within this State concerning goods and services advertised as available at locations exclusively outside
this State; and
4. Any radio and television broadcasts uttered, issued, disseminated or distributed primarily within this State and
outside this State, or at locations exclusively outside this State.
(b) An advertiser, a manufacturer, an advertising agency and the owner or publisher of a newspaper, magazine, periodical,
circular, billboard or radio or television station acting on behalf of an advertising seller shall be deemed an
advertiser within the meaning of this subchapter, when such entity prepares or places an advertisement for publication.
No such entity shall be liable for a violation of this subchapter when the entity reasonably relies upon data,
information or materials supplied by an advertising seller for whom the advertisement is prepared or placed or when
the violation is caused by an act, error or omission beyond the entity’s control, including but not limited to, the
post-publication performance of the advertising seller. Notwithstanding that an advertisement has been prepared or
placed for publication by one of the aforementioned entities, the advertiser on whose behalf such advertisement was
placed may be liable for any violation of this subchapter.
(c) An advertiser has no liability under this subchapter for a failure to comply with any requirement thereof if the
advertiser shows by a preponderance of evidence that failure to comply resulted from actions of persons other than
the advertiser which were not, or should not have been reasonably anticipated by the advertiser; or that such failure
was the result of a labor strike or a natural disaster such as, but not limited to, fires, floods and earthquakes.
(d) If any provisions of this subchapter or the application thereof to any person or circumstances is held unconstitutional
or beyond the statutory powers of the Attorney General, the remainder of this subchapter and the application
of such provisions to other persons or circumstances shall not be affected
13:45A-9.8 Retail discounts in scanner stores; percentage-off discounts; point-of-sale discounts; multi-tiered
pricing offers; targeted discounts
(a) Retail establishments which use scanners that have the capability of providing percentage-off discounts, and wish to
offer percentage-off discounts at the point of sale shall set forth the regular price and the price after any discounts are
taken relating to the merchandise purchased by the consumer on the register receipt given to the consumer at the
point of sale.
(b) An advertiser who offers a percentage-off discount is not required to disclose the basis of the percentage reduction or
the regular price or price range in an advertisement pursuant to N.J.A.C. 13:45A-9.5 provided that:
1. The retail price per unit of merchandise is less than $100.00; and
2. The regular price and the price after any discounts are taken are set forth on the register receipt given to the
consumer at the point of sale.
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(c) An advertiser may discount merchandise at the point of sale without marking the merchandise with the discounted
price provided that the following information is posted conspicuously in the form of a notice at the point of display:
1. A description of the merchandise or the range or category of merchandise and the price to which the discount
shall apply;
2. A notice that the discount will be taken at the time of purchase; and
3. The specific amount or type of discount applicable, such as “$10.00 off” or “25% off posted price.”
(d) Advertisements and point of display materials involving multi-tiered pricing offers made by advertisers shall contain
the following:
1. All retail prices or discounts comprising the offer and the types of purchases to which they apply, for example:
i. “Treefree Paper Towels--Get first roll at 79¢, 2nd roll at 69¢ and each additional roll at 59¢”;
ii. “Wonder Hot Dog Rolls--$1.09 only; 79¢ with purchase of Plochman’s Mustard”; and
2. Any limitations applicable to the offer, such as the type, brand or size of the merchandise or restrictions on the
number of units which may be purchased.
(e) Advertisements containing targeted discounts shall conspicuously state that the offer is limited to a certain category
of consumer and shall specifically identify those consumers. If the merchandise to be discounted is also being
advertised at a reduced price for all consumers, the advertisement shall clearly distinguish between the types of
offers made by the advertiser and identify those consumers who are entitled to each offer.
1. Any targeted discounts or pricing information posted at the point of display shall clearly and conspicuously
state that the offer is limited, and shall identify the customers who are entitled to take advantage of the offer.

SUBCHAPTER 15. DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT
13:45A-15.1 Definitions
The following words and terms when used in this subchapter shall have the following meanings, unless the context
indicates otherwise.
“Merchandise” shall include any objects, wares, goods, commodities, or any other tangible item offered, directly or
indirectly, to the public for sale.
“Proof of purchase” means a receipt, bill, credit card slip, or any other form of evidence which constitutes proof of
purchase.
“Retail establishment” means any place of business where merchandise is exposed or offered for sale at retail to members
of the consuming public.
13:45A-15.2 Unlawful practices
(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.,
failure to comply with the following shall be deemed unlawful thereunder:
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1. Every retail establishment shall conspicuously post its refund policy as to all merchandise exposed or offered
for sale at retail to members of the consuming public in the following manner:
i. On a sign attached to the merchandise itself; or
ii. On a sign affixed to each cash register or point of sale; or
iii. On a sign so situated as to be clearly visible to the buyer from the cash register; or
iv. On a sign posted at each store entrance used by members of the consuming public.
2. The sign required by (a)1 above to be posted in every retail establishment shall conspicuously disclose any and
all material conditions of, or qualifications to, its refund policy, including, without limitation, whether a refund
will be given:
i. On merchandise which has been advertised as “sale” merchandise or “as is”;
ii. On merchandise for which no proof of purchase exists;
iii. At any time, or only up to a specified time after the date of purchase;
iv. In cash, as a credit to the account on which the purchase was debited, or as a store credit only.
13:45A-15.3 Exemption
(a) The provisions of N.J.A.C. 13:45A-15.2 shall not apply to any retail establishment that has a policy of, for a period
not less than 20 days after the date of purchase, providing a cash refund for a cash purchase, or providing a cash
refund or issuing a credit for a credit purchase, which credit is applied to the account on which the purchase was
debited, in connection with the return of any of its unused and undamaged merchandise.
13:45A-15.4 Remedy
In addition to any other remedy provided by the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any retail establishment
which violates any provision of N.J.A.C. 13:45A-15.2 shall, for a period of up to 20 days after the date of purchase, provide
any buyer who returns unused and undamaged merchandise with the option of either a cash refund, a credit to the account on
which the purchase was debited, or a store credit.

SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES
13:45A-16.1 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings unless the context
indicates otherwise.
“Home improvement” means the remodeling, altering, painting, repairing, or modernizing of residential or noncommercial
property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement,
improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, windows,
doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security
protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating
or water systems, insulation installation, aluminum siding, wall-to-wall carpeting or attached or inlaid floor coverings, and
other changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercial
property, but does not include the construction of a new residence. The term extends to the conversion of existing commercial
structures into residential or noncommercial property and includes any of the above activities performed under emergency
conditions.
“Home improvement contract” means an oral or written agreement between a seller and an owner of residential or
noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is
to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under
which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith.
“Residential or non-commercial property” means a structure used, in whole or in substantial part, as a home or place of
residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is
situated and which is devoted to the residential use of the structure, and includes all appurtenant structures.
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“Sales representative” means a person employed by or contracting with a seller for the purpose of selling home improvements.
“Seller” means a person engaged in the business of making or selling home improvements and includes corporations,
partnerships, associations and any other form of business organization or entity, and their officers, representatives, agents
and employees.
13:45A-16.2 Unlawful practices
(a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.,
utilization by a seller of the following acts and practices involving the sale, attempted sale, advertisement or performance
of home improvements shall be unlawful hereunder:
1. Model home representations: Misrepresent or falsely state to a prospective buyer that the buyer’s residential or
noncommercial property is to serve as a “model” or “advertising job”, or use any other prospective buyer lure
to mislead the buyer into believing that a price reduction or other compensation will be received by reason of
such representations;
2. Product and material representations: Misrepresent directly or by implication that products or materials to be
used in the home improvement:
i. Need no periodic repainting, finishing, maintenance or other service;
ii. Are of a specific or well-known brand name, or are produced by a specific manufacturer or exclusively
distributed by the seller;
iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics or features;
iv. Perform certain functions or substitute for, or are equal in performance to, other products or materials;
v. Meet or exceed municipal, state, federal, or other applicable standards or requirements;
vi. Are approved or recommended by any governmental agency, person, firm or organization, or that they are
the users of such products or materials;
vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;
viii. Are or will be custom-built or specially designed for the needs of the buyer; or
ix. May be serviced or repaired within the buyer’s immediate trade area, or be maintained with replacement and
repair parts which are readily available.
3. Bait selling:
i. Offer or represent specific products or materials as being for sale, where the purpose or effect of the offer or
representation is not to sell as represented but to bait or entice the buyer into the purchase of other or higher
priced substitute products or materials;
ii. Disparage, degrade or otherwise discourage the purchase of products or materials offered or represented by
the seller as being for sale to induce the buyer to purchase other or higher priced substitute products or
materials;
iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented as being for
sale;
iv. Substitute products or materials for those specified in the home improvement contract, or otherwise represented
or sold for use in the making of home improvements by sample, illustration or model, without the
knowledge or consent of the buyer;
v. Fail to have available a quantity of the advertised product sufficient to meet reasonably anticipated demands;
or
vi. Misrepresent that certain products or materials are unavailable or that there will be a long delay in their
manufacture, delivery, service or installation in order to induce a buyer to purchase other or higher priced
substitute products or materials from the seller.
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4. Identity of seller:
i. Deceptively gain entry into the prospective buyer’s home or onto the buyer’s property under the guise of any
governmental or public utility inspection, or otherwise misrepresent that the seller has any official right,
duty or authority to conduct an inspection;
ii. Misrepresent that the seller is an employee, office or representative of a manufacturer, importer or any other
person, firm or organization, or a member of any trade association, or that such person, firm or organization
will assume some obligation in fulfilling the terms of the contract;
iii. Misrepresent the status, authority or position of the sales representative in the organization he represents;
iv. Misrepresent that the sales representative is an employee or representative of or works exclusively for a
particular seller; or
v. Misrepresent that the seller is part of any governmental or public agency in any printed or oral communication
including but not limited to leaflets, tracts or other printed material, or that any licensing denotes approval
by the governmental agency.
5. Gift offers:
i. Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions of the offer,
including expiration date of the offer and when the gift, free item or bonus will be given; or
ii. Fail to comply with the terms of such offer.
6. Price and financing:
i. Misrepresent to a prospective buyer that an introductory, confidential, close-out, going out of business,
factory, wholesale, or any other special price or discount is being given, or that any other concession is made
because of a market survey or test, use of materials left over from another job, or any other reason;
ii. Misrepresent that any person, firm or organization, whether or not connected with the seller, is especially
interested in seeing that the prospective buyer gets a bargain, special price, discount or any other benefit or
concession;
iii. Misrepresent or mislead the prospective buyer into believing that insurance or some other form of protection
will be furnished to relieve the buyer from obligations under the contract if the buyer becomes ill, dies or is
unable to make payments;
iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because of the signing of
any document, or that the buyer will be relieved of some or all obligations under the contract by the signing
of any documents;
v. Request the buyer to sign a certificate of completion, or make final payment on the contract before the home
improvement is completed in accordance with the terms of the contract;
vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery or installation, or
that otherrequirements must be fulfilled by the buyer as a condition to the performance of labor, services, or
the furnishing of products or materials at the offered or contract price;
vii. Mislead the prospective buyer into believing that the down payment or any other sum constitutes the full
amount the buyer will be obligated to pay;
viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing charges,
interest service charges, credit investigation costs, building or installation permit fees, or other obligations,
charges, cost or fees to be paid by the buyer;
ix. Advise or induce the buyer to inflate the value of the buyer’s property or assets, or to misrepresent or falsify
the buyer’s true financial position in order to obtain credit; or
x. Increase or falsify the contract price, or induce the buyer by any means to misrepresent or falsify the contract
price or value of the home improvement for financing purposes or to obtain additional credit.
7. Performance:
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i. Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into a home improvement
contract, or make any claim or assertion that a binding contract has been agreed upon where no final
agreement or understanding exists;
ii. Fail to begin or complete work on the date or within the time period specified in the home improvement
contract, or as otherwise represented, unless the delay is for reason of labor stoppage; unavailability of
supplies or materials, unavoidable casualties, or any other cause beyond the seller’s control. Any changes in
the dates or time periods stated in a written contract shall be agreed to in writing; or
iii. Fail to give timely written notice to the buyer of reasons beyond the seller’s control for any delay in performance,
and when the work will begin or be completed.
8. Competitors:
i. Misrepresent that the work of a competitor was performed by the seller;
ii. Misrepresent that the seller’s products, materials or workmanship are equal to or better than those of a
competitor; or
iii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.
9. Sales representations:
i. Misrepresent or mislead the buyer into believing that a purchase will aid or help some public, charitable,
religious, welfare or veterans’ organization, or misrepresent the extent of such aid or assistance;
ii. Knowingly fail to make any material statement of fact, qualification or explanation if the omission of such
statement, qualification or explanation causes an advertisement, announcement, statement or representation
to be false, deceptive or misleading; or
iii. Misrepresent that the customer’s present equipment, material, product, home or a part thereof is dangerous
or defective, or in need of repair or replacement.
10. Building permits:
i. No seller contracting for the making of home improvements shall commence work until he is sure that all
applicable state or local building and construction permits have been issued as required under state laws or
local ordinances; or
ii. Where midpoint or final inspections are required under state laws or local ordinances, copies of inspection
certificates shall be furnished to the buyer by the seller when construction is completed and before final
payment is due or the signing of a completion slip is requested of the buyer.
11. Guarantees or warranties:
i. The seller shall furnish the buyer a written copy of all guarantees or warranties made with respect to labor
services, products or materials furnished in connection with home improvements. Such guarantees or warranties
shall be specific, clear and definite and shall include any exclusions or limitations as to their scope or
duration. Copies of all guarantees or warranties shall be furnished to the buyer at the time the seller presents
his bid as well as at the time of execution of the contract, except that separate guarantees or warranties of the
manufacturer of products or materials may be furnished at the time such products or materials are installed.
12. Home improvement contract requirements--writing requirement: All home improvement contracts for a purchase
price in excess of $ 200.00, and all changes in the terms and conditions thereof shall be in writing. Home
improvement contracts which are required by this subsection to be in writing, and all changes in the terms and
conditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth in legible
form all terms and conditions of the contract, including, but not limited to, the following:
i. The legal name and business address of the seller, including the legal name and business address of the sales
representative or agent who solicited or negotiated the contract for the seller;
ii. A description of the work to be done and the principal products and materials to be used or installed in
performance of the contract. The description shall include, where applicable, the name, make, size, capacity,
model, and model year of principal products or fixtures to be installed, and the type, grade, quality, size
or quantity of principal building or construction materials to be used. Where specific representations are
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made that certain types of products or materials will be used, or the buyer has specified that certain types of
products are to be used, a description of such products or materials shall be clearly set forth in the contract;
iii. The total price or other consideration to be paid by the buyer, including all finance charges. If the contract
is one for time and materials, the hourly rate for labor and all other terms and conditions of the contract
affecting price shall be clearly stated;
iv. The dates or time period on or within which the work is to begin and be completed by the seller;
v. A description of any mortgage or security interest to be taken in connection with the financing or sale of the
home improvement; and
vi. A statement of any guarantee or warranty with respect to any products, materials, labor or services made by
the seller.
13. Disclosures and obligations concerning preservation of buyers’ claims and defenses:
i. If a person other than the seller is to act as the general contractor or assume responsibility for performance of
the contract, the name and address of such person shall be disclosed in the oral or written contract, except as
otherwise agreed, and the contract shall not be sold or assigned without the written consent of the buyer;
ii. No home improvement contract shall require or entail the execution of any note, unless such note shall have
conspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2 (consumer
note)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers’ claims and defenses.

SUBCHAPTER 26C. AUTOMOTIVE REPAIRS
13:45A-26C.1 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
“Automotive repair dealer” means any person who, for compensation, engages in the business of performing or employing
persons who perform maintenance, diagnosis or repair services on a motor vehicle or the replacement of parts including
body parts, but excluding those persons who engage in the business of repairing motor vehicles of commercial or industrial
establishments or government agencies, under contract or otherwise, but only with respect to such accounts.
“Customer” means the owner or any family member, employee or any other person whose use of the vehicle is authorized
by the owner.
“Director” means the Director of the Division of Consumer Affairs.
“Motor vehicle” means a passenger vehicle that is registered with the Division of Motor Vehicles of New Jersey or of any
other comparable agency of any other jurisdiction, and all motorcycles, whether or not registered.
“Repair of motor vehicles” means all maintenance and repairs of motor vehicles performed by an automotive repair
dealer but excluding changing tires, lubricating vehicles, changing oil, installing light bulbs, batteries, windshield wiper
blades and other minor accessories and services. No service or accessory to be installed shall be excluded for purposes of
this rule if the Director determines that performance of the service or the installation of an accessory requires mechanical
expertise has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its
safe operation.

13:45A-26C.2 Deceptive practices; automotive repairs

(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,
N.J.S.A. 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business of
an automotive repair dealer, whether such act or omission is done by the automotive repair dealer or by any mechanic,
employee, partner, officer of member of the automotive repair dealer:
1. Making or authorizing in any manner or by any means whatever any statement, written or oral, which is untrue
or misleading, and which is known, or by which the exercise of reasonable care should be known, to be untrue
or misleading.
2. Commencing work for compensation without securing one of the following:
i. Specific written authorization from the customer, signed by the customer, which states the nature of the
repair requested or problem presented and the odometer reading of the vehicle; or
ii. If the customer’s vehicle is presented to the automotive repair dealer during other than normal working
hours or by one other than the customer, oral authorization from the customer to proceed with the requested
repair or problem presented, evidenced by a notation on the repair order and/or invoice of the repairs requested
or problem presented, date, time, name of person granting such authorization, and the telephone
number, if any, at which said person was contacted.
3. Commencing work for compensation without either:
i. One of the following:
(1) Providing the customer with a written estimated price to complete the repair, quoted in terms of a
not-to-exceed figure; or
(2) Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labor
necessary to complete the repair. If the dealer makes a diagnostic examination, the dealer has the right
to furnish such estimate within a reasonable period of time thereafter, and to charge the customer for the
cost of diagnosis. Such diagnostic charge must be agreed to in advance by the customer. No cost of
diagnosis which would have been incurred in accomplishing the repair shall be billed twice if the customer
elects to have the dealer make the repair; or
(3) Providing the customer with a written estimated price to complete a specific repair, for example, “valve
job”; or
(4) Obtaining from the customer a written authorization to proceed with repairs not in excess of a specific
dollar amount. For the purposes of this subchapter, said dollar amount shall be deemed the estimated
price of repairs; or
(5) If the customer waives his right to a written estimate in a written statement, signed by the customer,
obtaining from the customer oral approval of an estimated price of repairs, evidenced by a notation on
the repair order or invoice of the estimated price of repairs, date, time, name of person approving such
estimate, and the telephone number, if any, at which such person was contacted; or
ii. If the customer’s vehicle is presented to the automotive repair dealer during other than normal working
hours or by one other than the customer, obtaining from the customer either:
(1) A written authorization to proceed with repairs not in excess of a specific dollar amount. For the purposes
of this subchapter, said dollar amount shall be deemed the estimated price of repairs; or
(2) Oral approval of an estimated price of repairs evidenced by a notation on the repair order or invoice of
the estimated price of repairs, date, time, name of person approving such estimate, and the telephone
number, if any, at which such person was contacted.
4. Failure to provide a customer with a copy of any receipt or document signed by him, when he signs it.
5. Making deceptive or misleading statements or false promises of a character likely to influence, persuade or
induce a customer to authorize the repair, service or maintenance of a motor vehicle.
6. Charging the customer for work done or parts supplied in excess of any estimated price given, without the oral
or written consent of the customer, which shall be obtained after it is determined that the estimated price is
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insufficient and before the work not estimated is done or the parts not estimated are supplied. If such consent is
oral, the dealer shall make a notation on the repair order and on the invoice of the date, time, name of person
authorizing the additional repairs and the telephone number called, if any, together with a specification of the
additional parts and labor and the total additional cost.
7. Failure to return replaced parts to the customer at the time of completion of the work provided that the customer,
before work is commenced, requests such return, and provided that the parts by virtue of their size,
weight, or other similar factors are not impractical to return. Those parts and components that are replaced and
that are sold on an exchange basis, and those parts that are required to be returned by the automotive repair
dealer to the manufacturer or distributor, are exempt from the provisions of this section.
8. Failure to record on an invoice all repair work performed by an automotive repair dealer for a customer, itemizing
separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditioned or
used parts have been supplied. A legible copy shall be given to the customer.
9. The failure to deliver to the customer, with the invoice, a legible written copy of all guarantees, itemizing the
parts, components and labor represented to be covered by such guaranty, or in the alternative, delivery to the
customer of a guaranty covering all parts, components and labor supplied pursuant to a particular repair order.
A guaranty shall be deemed false and misleading unless it conspicuously and clearly discloses in writing the
following:
i. The nature and extent of the guaranty including a description of all parts, characteristics or properties covered
by or excluded from the guaranty, the duration of the guaranty and what must be done by a claimant
before the guarantor will fulfill his obligation (such as returning the product and paying service or labor
charges);
ii. The manner in which the guarantor will perform. The guarantor shall state all conditions and limitations and
exactly what the guarantor will do under the guaranty, such as repair, replacement or refund. If the guarantor
or recipient has an option as to what may satisfy the guaranty, this must be clearly stated;
iii. The guarantor’s identity and address shall be clearly revealed in any documents evidencing the guaranty.
10. Failure to clearly and conspicuously disclose the fact that a guaranty provides for adjustment on a pro rata
basis, and the basis on which the guaranty will be prorated; that is, the time or mileage the part, component or
item repaired has been used and in what manner the guarantor will perform. If adjustments are based on a price
other than that paid by the customer, clear disclosure must be made of the amount. However, a fictitious price
must not be used even where the sum is adequately disclosed.
11. Failure to post, in a conspicuous place, a sign informing the customer that the automotive repair dealer is
obliged to provide a written estimate when the customer physically presents his motor vehicle to the automotive
repair dealer during normal working hours and, in any event, before work is commenced. In addition,
copies of any receipt or document signed by the customer, a detailed invoice, a written copy of any guaranty
and the return of any replaced parts that have been requested must be provided. The sign is to read as follows:
“A CUSTOMER OF THIS ESTABLISHMENT IS ENTITLED TO:
1. When a motor vehicle is physically presented during normal working hours and, in any event before work
begins, a written estimated price stated either:
(A) PRICE NOT TO EXCEED $..., and given without charge; or
(B) As an exact figure broken down as to parts and labor. This establishment has the right to charge you for
this diagnostic service, although if you then have the repair done here, you will not be charged twice for
any part of such charge necessary to make the repair.
(C) As an exact figure to complete a specific repair.
2. For your protection, you may waive your right to an estimate only by signing a written waiver.
3. Require that this establishment not start work on your vehicle until you sign an authorization stating the
nature of the repair or problem and the odometer reading of your vehicle if you physically present the
vehicle here during normal working hours.
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4. A detailed invoice stating charges for parts and labor separately and whether any new, rebuilt, reconditioned
or used parts have been supplied.
5. The replaced parts, if requested before work is commenced, unless their size, weight or similar factors make
return of the parts impractical.
6. A written copy of the guaranty.”
12. Nothing in this section shall be construed as requiring an automotive repair dealer to provide a written estimate
if the dealer does not agree to perform the requested repair.
13. Any other unconscionable commercial practice prohibited pursuant to N.J.S.A. 56:8-1 et seq.