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Bill

JB

Bill

S 4044

Requires sender of commercial electronic mail message to include unsubscribe mechanism in message.

2026-2027 Regular Session Introduced by Jon Bramnick and 1 co-sponsor

Requires a clear unsubscribe option in every New Jersey commercial email, operable without sharing an email address.

Introduced in the Senate, Referred to Senate Commerce Committee
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WeVote Research Nonpartisan
Bill Summary · S 4044

Summary of Bill S 4044 (Session 222) – New Jersey

Purpose and Intent

  • To regulate commercial electronic mail (email) by ensuring recipients can easily unsubscribe from future messages.
  • The bill adds an unsubscribe mechanism requirement to commercial email messages sent or authorized within New Jersey.

Key Provisions

  • Unsubscribe Requirement (Section 1a): Any person or entity in New Jersey that initiates or authorizes transmission of a commercial email must include an unsubscribe mechanism in each such email.

  • No Demand for Email Address (Section 1b): Recipients must be able to activate the unsubscribe mechanism to opt out without having to provide their own email address. The sender cannot require the recipient to disclose an email address to unsubscribe.

  • Unlawful Practice (Section 1c): Violating these requirements constitutes an unlawful practice under New Jersey consumer protection laws (P.L.1960, c.39, commonly known as the Consumer Fraud Act).

  • Definitions (Section 1d):

    • Commercial electronic mail message: An email whose primary purpose is the advertisement or promotion of a commercial product or service.
    • Unsubscribe mechanism: A clear, conspicuous, functional electronic mechanism (e.g., a button or hyperlink) that allows a recipient to opt out of future commercial emails from the sender.

  • Effective Date (Section 2): The act becomes effective on the 90th day after enactment.

Penalties and Enforcement

  • Monetary Penalties:
    • First offense: Up to $10,000.
    • Each subsequent offense: Up to $20,000.
  • Enforcement Tools:
    • Violation can lead to cease-and-desist orders by the Attorney General.
    • Potential for punitive damages, treble damages, and costs to the injured party under the Consumer Fraud Act.

Affected Parties

  • Who is Regulated: Any person or entity operating within New Jersey that initiates or authorizes the transmission of commercial email messages.
  • Recipients: Email recipients in New Jersey have a protected right to opt out easily without sharing their email addresses.

Procedural and Timeline Aspects

  • Introduction and Referral: Introduced in the Senate on March 23, 2026, and referred to the Senate Commerce Committee.
  • Effective Date: 90 days after enactment (to be determined upon passage and signing into law).

Practical Impact

  • Improves user control over marketing emails by guaranteeing an accessible unsubscribe option within every commercial email.
  • Simplifies opt-out for consumers by removing requirements to disclose personal contact information.
  • Expands the scope of the Consumer Fraud Act to address email marketing practices with specified penalties.

If you’d like, I can compare S 4044 to equivalent federal or other states’ laws on unsubscribe requirements, or draft a plain-language one-page summary for a public audience.

Compiled from official sources — confirm details with the bill’s official record.

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