senate Bill S2687D

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2012 print number 2687d
amend (t) and recommit to consumer protection
Jan 25, 2012 print number 2687c
amend (t) and recommit to consumer protection
Jan 04, 2012 referred to consumer protection
Dec 23, 2011 print number 2687b
amend and recommit to consumer protection
May 19, 2011 print number 2687a
amend and recommit to consumer protection
Jan 28, 2011 referred to consumer protection

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S2687 - Bill Details

See Assembly Version of this Bill:
A7635D
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2358, A5472

S2687 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2687

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring rebates to be
provided at the time of purchase

PURPOSE:
Consumers often buy goods which have a rebate. Usually they
have to fill out forms and mail them in to the manufacturer and then
wait for a reply. This is not only an inconvenience but requires an
additional outlay of time and money. Since the purpose of a rebate is
to reduce the cost of the product, it should be awarded at the point
of purchase.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section, 391-r, to the
General Business Law. It defines "rebate", requires the rebate to be
provided at the time of purchase, and provides for a civil penalty of
not less than $100 and not more than $1,000 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.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2687

                       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

AN ACT to amend the general  business  law,  in  relation  to  requiring
  rebates to be provided at the time of purchase

  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-r to read as follows:
  S 391-R. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, "REBATE"  SHALL
MEAN  THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED TO A PURCHASER AT THE TIME AND PLACE
OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES.
  3. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE  WHO
VIOLATES  THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS
THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE  THOUSAND  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.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-01-1

S2687A - Bill Details

See Assembly Version of this Bill:
A7635D
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2358, A5472

S2687A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2687A

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring rebates to be
provided at the time of purchase

PURPOSE:
Consumers often buy goods which have a rebate. Usually they have to
fill out forms and mail them in to the manufacturer and then wait for
a reply. This is not only an inconvenience but requires an additional
outlay of time and money. Since the purpose of a rebate is to reduce
the cost of the product, it should be awarded at the point of purchase.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section, 391-r, to the General Business Law. It defines
"rebate", requires the rebate to be provided at the time of purchase,
and provides for a civil penalty of not less than $100 and not more
than $1,000 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.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2687--A

                       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

AN ACT to amend the general  business  law,  in  relation  to  requiring
  rebates to be provided at the time of purchase

  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-r to read as follows:
  S 391-R. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, "REBATE"  SHALL
MEAN  THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED TO A PURCHASER AT THE TIME OF RETAIL
PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES.
  3. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE  WHO
VIOLATES  THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS
THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE  THOUSAND  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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-02-1

S2687B - Bill Details

See Assembly Version of this Bill:
A7635D
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2358, A5472

S2687B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2687B

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring rebates to be
provided at the time of purchase

PURPOSE:
Consumers often buy goods which have a rebate. Usually they
have to fill out forms and mail them in to the manufacturer and then
wait for a reply. This is not only an inconvenience but requires an
additional outlay of time and money. Since the purpose of a rebate is
to reduce the cost of the product, it should be awarded at the point
of purchase.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section, 391-s, to the
General Business Law. It defines "rebate", requires the rebate to be
provided at the time of purchase, and provides for a civil penalty of
not less than $100 and not more than $1,000 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.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2687--B

                       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

AN  ACT  to  amend  the  general  business law, in relation to requiring
  rebates to be provided at the time of purchase

  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, "REBATE" SHALL
MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION  OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED TO A PURCHASER AT THE TIME OF RETAIL
PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES.
  3.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  LESS
THAN  ONE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-04-1

S2687C - Bill Details

See Assembly Version of this Bill:
A7635D
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2358, A5472

S2687C - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2687C

TITLE OF BILL:
An act to amend the general business law, in relation to requiring
rebates to be provided by the retailer at the time of purchase

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", 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 not less than $100 and
not more than $1,000 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 applied 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2687--C

                       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

AN  ACT  to  amend  the  general  business law, in relation to requiring
  rebates to be provided by the retailer at the time of purchase

  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, "REBATE" SHALL
MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION  OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2.  EVERY  REBATE  SHALL BE PROVIDED BY THE RETAILER TO A PURCHASER AT
THE TIME OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH  THE  REBATE
APPLIES.
  3.  THE  RETAIL  ESTABLISHMENT SHALL DETERMINE THE METHOD IN WHICH THE
REBATE SHALL BE PROVIDED WHEN OFFERING A REBATE.
  4. REBATES SHALL BE PROVIDED SOLELY BY THE RETAILER.
  5. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE  WHO
VIOLATES  THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS
THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE  THOUSAND  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-06-2

S2687D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7635D
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2358, A5472

S2687D (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.