5. a. A service contract that is not offered by a public utility but which is advertised by any entity, including an entity affiliated with a public utility, using a public utility’s trade name, or other identifying information, shall not qualify as exempt pursuant to section 2 of P.L.2013, c.197 (C. 56:12-88).

b. An advertisement for a service contract that is offered by an entity other than a public utility in a manner that uses a public utility’s trade name or other identifying information shall clearly and prominently disclose:

(1) that the service contract is not being offered by the public utility but by a third party entity that is not part of the public utility, and that an entity other than the public utility will be responsible for performing the services advertised;

(2) the name of the provider that offers the service contract and, if applicable, the name of the administrator;

(3) the provider’s contact information and, if applicable, the administrator’s contact information;

(4) that the communication is an advertisement; and

(5) if applicable, that the billing for the services to be provided will be conducted through a public utility and that the public utility is an entity other than the provider.

c. Nothing in this act shall be construed to impose liability on news media for accepting or publishing advertising that may fall within the scope of this section.

L.2022, c.91, s.5.