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Assembly Bill A10173

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

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Archive: Last Bill Status - In Assembly Committee

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2011-A10173 (ACTIVE) - Details

See Senate Version of this Bill:
S6815
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L

2011-A10173 (ACTIVE) - 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.

2011-A10173 (ACTIVE) - Bill Text download pdf 

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

                                  10173

                          I N  A S S E M B L Y

                              May 10, 2012
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Consumer Affairs and 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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