S T A T E O F N E W Y O R K
________________________________________________________________________
3010
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
___________
Introduced by M. of A. PERRY, MENG -- Multi-Sponsored by -- M. of A.
AUBRY, CLARK, LATIMER, MAYERSOHN, McENENY, 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 amended by
chapter 278 of the laws of 2009, 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 [(a)] 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 limit-
ed to:
(A) whether a refund will be given:
(i) on merchandise which had been advertised as "sale" merchandise or
marked "as is;"
(ii) on merchandise for which no proof of purchase exists;
(iii) at any time or not beyond a point in time specified;
(iv) in cash, or as credit or store credit only; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02650-01-1
A. 3010 2
(v) subject to any fees, including a restocking fee, and the dollar or
percentage amount of each fee; [and]
(b) WHETHER A RETURN OF MERCHANDISE WILL BE ACCEPTED OR REJECTED:
(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; AND
(C) advise consumers that they are entitled to a written copy of the
store's refund policy upon request.
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 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 and the buyer can verify the date of the purchase
with a receipt or any other purchase verification method utilized by the
retail merchant.
[4. Preemption.] 5. 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.