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Sponsors
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History
- Referred to consumer protection
- Referred to consumer protection
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the honest use of refund and rebate forms act
Summary
This bill would add a new Article, 39-DDD to the General Business Law to create the "Honest Use of Refunds and Rebates Act." It would make it unlawful for any person, firm, partnership, corporation or association to advertise the availability of a manufacturer's refund or rebate offer for which the appropriate form has expired. It would also provide that if the existence of such a refund or rebate offer is advertised, the appropriate form must be made available at the time of sale. In the event no such form is available and the seller has advertised the existence of a refund or rebate, the seller must establish a means for purchasers to obtain a form by mail. This bill would also allow the seller at its discretion, to offer' a substitute to the purchaser. Violators would be subject to a civil penalty of not less than $100 and not more than $1,000. Seller's would have an affirmative defense if they can show that the appropriate forms were not received by the seller at least ten days prior to the last day on which such rebate or refund form must be postmarked or otherwise delivered to the manufacturer or that the seller had an adequate number of refund or rebate forms sufficient to meet reasonably anticipated needs for such forms during the pa:rticular offer.
Justification
Refund and rebate offers have become increasingly popular methods of attracting customers into retail establishments. Many times, however, the customer arrives home with his or her purchase only to discover that the refund or rebate offer has expired. Some customers are lured into stores by advertisements which indicate that a manufacturer's refund or rebate is available for a particular item, only to later discover that the store does not have the required refund or rebate form which must be completed by the customer in order to receive such refund or rebate. Enactment of the "Honest Use of Refunds and Rebates Act" would outlaw such deceptive practices and protect consumers from misleading incentives to purchase certain products.
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.