Assembly Bill A3404

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

                                  3404

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
  CLARK, DelMONTE, GREENE, LATIMER, MAYERSOHN, McENENY,  MENG,  MILLMAN,
  J. RIVERA, TOWNS, WRIGHT -- read once and referred to the Committee on
  Consumer Affairs and Protection

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

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

  Section  1.  Section  218-a  of  the general business law, as added by
chapter 870 of the laws of 1977, is amended to read as follows:
  S 218-a. Disclosure of RETURN AND refund  policies.  1.  Every  retail
mercantile  establishment  shall  conspicuously  post,  in the following
manner, its RETURN AND refund [policy] POLICIES as to all  goods,  wares
or merchandise offered to the public for sale:
  (a) on a sign 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] AND
  (d) on a sign posted at each store entrance used by the public.
  2. The sign, required by subdivision one of this section to be  posted
in  every retail mercantile establishment, shall state whether or not it
is the policy of such establishment to ACCEPT  RETURNS  AND/OR  TO  give
refunds and, if so, under what conditions, including but not limited to:
  (A) whether a refund will be given:
  [(a)]  (I) on merchandise which had been advertised as "sale" merchan-
dise or marked "as is;"
  [(b)] (II) on merchandise for which no proof of purchase exists;
  [(c)] (III) at any time or not beyond a point in time specified; or
  [(d)] (IV) in cash, or as credit or store credit only; AND
  (B) WHETHER A RETURN OF MERCHANDISE WILL BE ACCEPTED OR REJECTED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01912-01-9

              

A. 3404                             2

  (I) UNDER ANY OF THE CONDITIONS PROVIDED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION; AND
  (II) DUE TO A RETAIL ESTABLISHMENT'S POLICY OF ELECTRONICALLY TRACKING
THE  FREQUENCY  AND  VOLUME OF AN INDIVIDUAL BUYER'S RETURN OF UNUSED OR
UNDAMAGED MERCHANDISE.
  3. [Enforcement.] IF A RETURN OF MERCHANDISE IS REJECTED, SUCH  ENTITY
RESPONSIBLE  FOR  ELECTRONICALLY  TRACKING  SUCH RETURNS, AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION, SHALL FORWARD TO THE INDIVIDUAL  BUYER,
WITHIN  FIFTEEN DAYS, A STATEMENT OF REJECTION, WHICH SHALL INCLUDE: (A)
THE BASIS FOR REJECTING A RETURN OF MERCHANDISE; (B) A COPY OF THE INDI-
VIDUAL BUYER'S RETURN ACTIVITY REPORT; AND (C) NOTICE OF THE OPPORTUNITY
TO CONTEST AND APPEAL SUCH REJECTION IF INITIATED WITHIN SIXTY DAYS FROM
THE DATE OF RECEIPT OF SUCH STATEMENT OF REJECTION.
  4.  Any retail mercantile establishment which violates  any  provision
of  this  section shall be liable, for a period of up to [twenty] THIRTY
days from the date of purchase, to the buyer for  a  cash  refund  or  a
credit,  at  the  buyer's  option, provided that the merchandise has not
been used or damaged by the buyer.
  [4.] 5. The provisions of subdivision one OF THIS  SECTION  shall  not
apply  to  retail  mercantile  establishments or departments that have a
policy of:
  (A) NOT ELECTRONICALLY TRACKING THE FREQUENCY AND VOLUME OF  AN  INDI-
VIDUAL BUYER'S RETURN OF UNUSED OR UNDAMAGED MERCHANDISE; AND
  (B)  providing,  for  a  period of not less than twenty days after the
date of purchase, a cash refund for a cash purchase or providing a  cash
refund  or  issuing  a  credit  for  a  credit purchase, which credit is
applied to the account on which the purchase was debited, in  connection
with the return of its unused and undamaged merchandise.
  [5.  Preemption.]  6.  This section does not relieve any person, firm,
corporation or association subject to the  provisions  of  this  section
from complying with any law, ordinance, rule or regulation of any local-
ity  relating  to the posting of refund policies which affords the buyer
greater protection than do the provisions of this section.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.