senate Bill S6815

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

  • 26 / Mar / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 30 / Apr / 2012
    • 1ST REPORT CAL.614
  • 01 / May / 2012
    • 2ND REPORT CAL.
  • 02 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

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:
A10173
Versions:
S6815
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L

Votes

9
1
9
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S6815

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 January 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
________________________________________________________________________

                                  6815

                            I N  S E N A T E

                             March 26, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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 OR IN COOPERATION WITH A MANUFACTURER RETURNING TO A
PURCHASER OF ANY GOOD OR SERVICE ANY PORTION OF THE PURCHASE PRICE THER-
EOF OR A SPECIFIC MONETARY AMOUNT.
  2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND DIRECTLY RESPONSIBLE
FOR THE FULFILLMENT 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.
  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 January next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-10-2

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