senate Bill S2687D

Requires retailer rebates to be provided by the retailer to a consumer at the time of purchase

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 19 / May / 2011
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 19 / May / 2011
    • PRINT NUMBER 2687A
  • 23 / Dec / 2011
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 23 / Dec / 2011
    • PRINT NUMBER 2687B
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 25 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 25 / Jan / 2012
    • PRINT NUMBER 2687C
  • 14 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 14 / Feb / 2012
    • PRINT NUMBER 2687D

Summary

Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

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Bill Details

See Assembly Version of this Bill:
A7635D
Versions:
S2687
S2687A
S2687B
S2687C
S2687D
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2358, A5472
2007-2008: A4922

Sponsor Memo

BILL NUMBER:S2687D

TITLE OF BILL: An act to amend the general business law, in relation
to requirements for rebates provided by retailers

PURPOSE: This legislation would require a rebate when offered solely
by a retail establishment to be paid at the time of purchase in a
manner of the choosing of the retailer.

SUMMARY OF SPECIFIC PROVISIONS: Adds a new section, 391-s, to the
General Business Law. It defines "rebate" "manufacture's rebate",
requires a rebate offered directly by a retailer to be provided at the
time of purchase in a manner of the choosing of the retailer, and
provides for a civil penalty of $100 for each violation.

JUSTIFICATION: Many companies apply rebates as a way of enticing
customers to purchase items. While no consumer can argue with being
offered a discount on a product, companies know that a consumer is
significantly less likely to apply for a rebate. Further the rebate
process is often cumbersome and consumers often give up, or
erroneously fill out the proper forms and are summarily rejected for
the rebate. If a company's true intention is to incentive a purchase
by offering a discount, then such discount should be applied
immediately.

This legislation which applies solely when a rebate is offered by a
retailer would require that the rebate is paid at that moment in a
manner chosen by the retailer for example with a direct price
reduction, or a gift certificate or gift card.

PRIOR LEGISLATIVE HISTORY:
S. 6003 of 2004; Referred to Consumer Protection
S. 2267 of 2005/06; Referred to Consumer Protection
S. 2716 of 2007/08; Referred to Consumer Protection
S. 2358 of 2009/10; Referred to Consumer Protection
FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of September next succeeding the date on
which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2687--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in  relation  to  requirements
  for rebates provided by retailers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S 391-S. REBATES. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "REBATE"  SHALL  MEAN  THE  RETURN  TO A PURCHASER OF ANY GOOD OR
SERVICE OF ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
TARY AMOUNT;
  (B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR  OFFERED
BY  OR  ON BEHALF OF A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD
OR SERVICE ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
TARY AMOUNT.
  2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND RESPONSIBLE FOR  THE
FINANCING OF SUCH REBATE SHALL REMIT SUCH REBATE TO THE PURCHASER AT THE
TIME  OF  RETAIL  PURCHASE  OF  THE  GOOD OR SERVICE TO WHICH THE REBATE
APPLIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-08-2

S. 2687--D                          2

  3. THE RETAIL ESTABLISHMENT SHALL DETERMINE AND DISCLOSE IN ANY ADVER-
TISEMENT OF THE REBATE THE METHOD BY WHICH THE REBATE SHALL BE  REMITTED
TO THE PURCHASER.
  4.  THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
NOT APPLY WHEN A REBATE IS A MANUFACTURER'S REBATE AND IS ADVERTISED  OR
OTHERWISE DISCLOSED CONSPICUOUSLY AS SUCH.
  5.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED
DOLLARS FOR EACH SUCH VIOLATION.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

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