Fee Charging and Advertising Without Disclosure
Carlos is a New Jersey notary public who runs a mobile notary business. He charges $25 per notarization, which includes travel. He advertises on his website: 'Mobile Notary - $25 per signature, includes travel within 20 miles.' He does not state that the maximum allowable fee for a notarial act is $2.50, nor does he disclose that travel fees are separate. A customer complains to the State Treasurer's office that Carlos overcharged. Carlos argues that his fee is reasonable because it includes travel and convenience, and that the $2.50 cap only applies to the notarial act itself, not to travel or other services. He also claims that his advertising is not misleading because the total price is clear.
1. Is Carlos's fee structure permissible under New Jersey notary law? Explain the statutory fee cap and whether travel fees can be charged separately.
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New Jersey law sets a maximum fee of $2.50 for each notarial act. A notary may charge a separate travel fee, but it must be reasonable and disclosed separately. Carlos charges a flat $25 that includes travel, but he does not itemize the notarial fee and travel fee. This is problematic because it obscures the statutory fee and may appear to charge more than allowed for the notarial act. The notary may charge travel fees, but the total charge must be reasonable and the notarial fee cannot exceed $2.50. By bundling, Carlos risks violating the fee cap if the notarial portion exceeds $2.50. He should separately state the notarial fee and travel fee. His argument that the cap only applies to the act itself is correct, but his advertising must clearly disclose the breakdown. The complaint may lead to an investigation and possible penalties for overcharging or misleading advertising.
2. Does Carlos's advertising violate any rules on notary advertising? Discuss the requirements for advertising notary services and the potential consequences.
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New Jersey notaries must not engage in misleading advertising. Advertising a flat fee that includes travel without disclosing the statutory notarial fee could be considered misleading because it implies the notarial act costs $25, which exceeds the cap. Notaries are also prohibited from using the term 'notario publico' or similar terms that imply legal authority. Carlos's ad does not use that term, but it must be clear. The consequences could include a warning, fines, or suspension. The Treasurer may require Carlos to revise his advertising to clearly state the notarial fee and travel fee separately. If Carlos continues, he could face disciplinary action. He should also keep records of fees charged.