Our readers are familiar with a New Jersey State law known as Daniel’s Law, and the entity responsible for an influx of lawsuits alleging that companies violated the law. Recently, a New Jersey State Senator introduced legislation to “eliminate the loopholes and reaffirm the law’s original intent.” Below, we discuss the Daniel’s Law legislation in detail and its implications on the future of Daniel’s Law lawsuits.
Daniel’s Law Legislation Aims to Fix “Broken” Law
On November 13, 2025, New Jersey State Senator Gordon Johnson (“Sen. Johnson”), a former member of law enforcement, introduced the “Protect Daniel’s Law Act.” If adopted, the proposed legislation would: (1) restore the New Jersey State Office of Information Privacy (“OIP”), which was eliminated in 2023; (2) require the OIP to create an online portal to make it easier for people covered under Daniel’s Law to register and for businesses to comply with the law; (3) eliminate loopholes that allow companies to manipulate the law; (4) provide judicial discretion in the awarding of damages for those who willfully fail to comply with Daniel’s Law; and (5) extend Daniel’s Law protections to legislators and municipal court administrators.
In the words of Sen. Johnson, “Daniel’s Law is broken, and this legislation will fix it.” Originally enacted in 2020, Daniel’s Law was amended in 2023 to allow people covered under the statute to assign their claims. As our readers know, this Daniel’s Law assignment provision has allowed a singular entity to file hundreds of lawsuits on behalf of people purportedly covered under the law. According to Sen. Johnson, “[t]he amendments made to Daniel’s Law weakened compliance, putting the safety of our public servants at risk. This legislation will eliminate the loopholes and reaffirm the law’s original intent – to protect those who serve our communities, ensure that responsible businesses are treated fairly, and bad actors are held accountable.” Sen. Johnson further stressed the importance of his Daniel’s Law legislation in light of the constitutionality challenges to Daniel’s Law being considered by the United States Court of Appeals for the Third Circuit (“Third Circuit”).
Fate of Daniel’s Law Legislation
This Daniel’s Law legislation is in its nascent stages as it was just introduced in the New Jersey State Senate on November 13, 2025. In the interim, it is entirely possible that the Third Circuit agrees that Daniel’s Law, as written, is unconstitutional before the proposed legislation becomes law. If the Third Circuit determines that Daniel’s Law is in fact unconstitutional, the Daniel’s Law legislation will essentially become moot, although the New Jersey State Legislature could consider it as part of a revised Daniel’s Law. Followers of this blog know that we will continue to stay abreast of all NJ Daniel’s Law developments and expect a follow-up piece as the Daniel’s Law legislation makes its way through the legislative process.
The attorneys at Klein Moynihan Turco (“KMT”) have been at the forefront in considering Daniel’s Law claims which target companies in the consumer data marketing space. KMT regularly advises clients on compliance with NJ’s Daniel’s Law, similar laws in other jurisdictions, and various other state and federal privacy laws.
If you need assistance with defending a Daniel’s Law lawsuit, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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