S T A T E O F N E W Y O R K
________________________________________________________________________
3476
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. P. RIVERA, RAMOS, J. RIVERA, COLTON, ARROYO,
V. LOPEZ, CLARK, N. RIVERA, ORTIZ -- Multi-Sponsored by -- M. of A.
BENEDETTO, CROUCH, GALEF, GOTTFRIED, GUNTHER, HOOPER, JACOBS, LANCMAN,
MAISEL, MARKEY, McENENY, McKEVITT, PEOPLES-STOKES, PERRY, REILLY,
SALADINO, SPANO, SWEENEY, TITUS, TOWNS, WEISENBERG -- read once and
referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
retail mercantile establishments from requiring a buyer, who has the
original sales receipt, to produce identification in order to receive
a refund for or exchange returned merchandise; and to amend the execu-
tive law, in relation to establishing a statewide register of refund
and exchange violations
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
219 to read as follows:
S 219. REFUNDS AND EXCHANGES. 1. NO RETAIL MERCANTILE ESTABLISHMENT
SHALL REQUIRE ANY BUYER TO PRODUCE OR PROVIDE ANY FORM OF IDENTIFICATION
OR ANY OTHER PROOF OF IDENTITY OR PURCHASE FOR THE PURPOSE OF RECEIVING
A REFUND FOR OR EXCHANGE OF RETURNED GOODS, WARES OR MERCHANDISE IF THE
BUYER PROVIDES SUCH ESTABLISHMENT WITH:
(A) THE ORIGINAL RECEIPT FOR THE SALE OF THE GOODS, WARES OR MERCHAN-
DISE, WHEN PAYMENT THEREFOR WAS MADE IN CASH;
(B) THE ORIGINAL RECEIPT FOR THE SALE OF THE GOODS, WARES OR MERCHAN-
DISE AND THE CREDIT CARD OR DEBIT CARD USED FOR THE PURCHASE, WHEN SUCH
PURCHASE WAS MADE BY MEANS OF A CREDIT CARD OR DEBIT CARD; OR
(C) THE ORIGINAL RECEIPT FOR THE SALE OF THE GOODS, WARES OR MERCHAN-
DISE AND A COPY OF THE CHECK, DRAFT OR MONEY ORDER USED FOR THE
PURCHASE, WHEN SUCH PURCHASE WAS MADE BY MEANS OF A CHECK, DRAFT OR
MONEY ORDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00953-01-1
A. 3476 2
2. IN THE EVENT THAT A BUYER SEEKS TO RECEIVE A REFUND FOR OR EXCHANGE
OF RETURNED GOODS, WARES OR MERCHANDISE FROM A RETAIL MERCANTILE ESTAB-
LISHMENT AND SUCH BUYER CANNOT PROVIDE THE RETAIL MERCANTILE ESTABLISH-
MENT WITH THE ORIGINAL RECEIPT FOR THE SALE THEREOF, THE RETAIL MERCAN-
TILE ESTABLISHMENT MAY REQUIRE THE BUYER TO PROVIDE IDENTIFICATION IN
THE SAME FORM AS IS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION 8-303 OF THE ELECTION LAW.
3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
SHALL BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT SHALL IMPOSE A CIVIL PENALTY OF TWO
THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION, A CIVIL
PENALTY OF FIVE THOUSAND DOLLARS FOR THE SECOND SUCH VIOLATION WITHIN
FIVE YEARS, AND A CIVIL PENALTY OF TWENTY-FIVE THOUSAND DOLLARS FOR THE
THIRD OR ANY SUBSEQUENT VIOLATION WITHIN FIVE YEARS. IN CONNECTION WITH
ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
S 2. The executive law is amended by adding a new section 75 to read
as follows:
S 75. STATEWIDE REGISTER OF REFUND AND EXCHANGE VIOLATIONS. THE
DEPARTMENT OF LAW SHALL ESTABLISH, MAINTAIN AND MAKE AVAILABLE TO THE
PUBLIC A REGISTER OF THE NAMES AND ADDRESSES OF RETAIL MERCANTILE ESTAB-
LISHMENTS WHICH HAVE VIOLATED THE PROVISIONS OF SECTION TWO HUNDRED
NINETEEN OF THE GENERAL BUSINESS LAW WITHIN THE PREVIOUS FIVE YEARS.
SUCH REGISTER SHALL ALSO INCLUDE THE DATE OF THE VIOLATION BY SUCH AN
ESTABLISHMENT AND THE AMOUNT OF THE CIVIL PENALTY IMPOSED THEREFOR. THE
DEPARTMENT OF LAW SHALL MAKE SUCH REGISTER AVAILABLE ON ITS INTERNET
WEBSITE.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.