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A42Assembly2019-2020 SessionSame asS5366

Post Store Return Policies

Official title

“Requires stores to publicly display their return and refund policies, including tracking of returns”

Sponsor N. Nick PerryAD-58+7 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
4/10
Low
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jul 22

What's happening

This bill requires stores using electronic systems to track returns or exchanges to clearly notify customers, with penalties for noncompliance.

Why it matters

  1. Empowers consumers to know when their personal shopping behaviors are being electronically monitored for returns/exchanges, allowing for more informed purchasing decisions and increased privacy awareness.

  2. Requires stores to place clear notifications about return-tracking in highly visible locations (e.g., on products, registers, or entrances), making it difficult for retailers to obscure or minimize disclosure.

  3. Establishes a direct consequence for noncompliance, granting affected customers the right to a cash refund or store credit—even if the store’s usual return policy is stricter—if proper notification was not provided.

  4. Imposes financial penalties on retailers who fail to comply, creating a tangible incentive for businesses to respect consumer rights and maintain transparent practices.

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Who cares

  • Retailers that electronically track returns or exchanges

    They would have to conspicuously disclose that tracking on item labels or signs at registers, points of sale or public entrances.

  • Shoppers whose returns or exchanges are tracked

    They would receive notice of the tracking and, if a retailer fails to disclose it, could choose a cash refund or credit within 20 days of purchase for merchandise they have not used or damaged.

  • Retail store owners and operators

    Violating the disclosure requirement would expose them to civil penalties of $100 to $500 per violation.

Headline styles

Post Store Return Policies

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
N. Nick Perry

Assembly Member · Assembly District 58

1 Multi-sponsor

History

  1. Ordered to third reading rules cal.284
  2. Rules report cal.284
  3. Reported
  4. Reported referred to rules
  5. Reported referred to codes
  6. Referred to consumer affairs and protection
  7. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5366Senate

Post Store Return Policies

In Assembly Committee · Codes · Sponsor Leroy Comrie

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

42

2019-2020 Regular Sessions

IN ASSEMBLY (Prefiled)

January 9, 2019

Introduced by M. of A. PERRY, BARRON, COLTON, COOK, NIOU, RIVERA, SEAWRIGHT, WEPRIN -- Multi-Sponsored by -- M. of A. AUBRY -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to public notification of tracking return policy

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 218-b to read as follows:

§ 218-b. Disclosure; electronic tracking of returns or exchanges. 1. Every retail mercantile establishment that utilizes an electronic system to record and monitor the frequency and volume of a buyer's return or exchange of goods, wares, or merchandise shall conspicuously post, in the following manner, a notice clearly indicating the use of such system:

(a) on a label attached to the item itself; or

(b) on a sign affixed to each cash register or point of sale; or

(c) on a sign so situated as to be clearly visible to the buyer from the cash register; or

(d) on a sign posted at each store entrance used by the public.

2. Any retail mercantile establishment that violates this section shall be liable, for a period of up to twenty days from the date of purchase, to the buyer for a cash refund or credit, at the buyer's option, provided that the merchandise has not been used or damaged by the buyer.

3. Any retail mercantile establishment that violates this section shall be subject to a civil penalty of not less than one hundred dollars nor more than five hundred dollars for each violation.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02572-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.