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Senate Bill S3929

2011-2012 Legislative Session

Relates to false advertising and providing rebates be given at the time of purchase

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2011-S3929 (ACTIVE) - Details

See Assembly Version of this Bill:
A3493
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §350-a, add §399-J, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5664, A8536
2013-2014: S2817

2011-S3929 (ACTIVE) - Summary

Amends the general business law in relation to false advertising and provides that any advertisers' rebates shall be granted at the time of purchase.

2011-S3929 (ACTIVE) - Sponsor Memo

2011-S3929 (ACTIVE) - Bill Text download pdf 

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

                                  3929

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  false  adver-
  tisements  and  providing  that  any  rebates  be given 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. Subdivision 3 of section 350-a of the general business law,
as  added  by  chapter  107  of  the laws of 1994, is amended to read as
follows:
  3. It shall constitute false advertising to:  (A) display or announce,
in print or broadcast advertising, the price of an item after  deduction
of  a  rebate unless the actual selling price is displayed or announced,
and clear and conspicuous notice is given in the  advertisement  that  a
mail-in rebate is required to achieve the lower net price[.];
  (B)  ADVERTISE  THE  PRICE OF MERCHANDISE OR SERVICE AS FREE BY USE OF
THE WORD "FREE" OR ANY OTHER TERM OF SIMILAR IMPORT WHEN THE MERCHANDISE
OR SERVICE IS NOT, IN FACT, FREE;
  (C) ADVERTISE THE PRICE OF MERCHANDISE OR SERVICE AS A REDUCED OR SALE
PRICE, OR COMPARE THE PRICE TO A PREVIOUS PRICE  UNLESS  THE  ADVERTISED
PRICE  IS  LOWER THAN THE ACTUAL, BONA FIDE PRICE FOR WHICH THE MERCHAN-
DISE OR SERVICE WAS OFFERED TO THE PUBLIC ON  A  REGULAR  BASIS  BY  THE
ADVERTISER,  FOR  A  REASONABLY  SUBSTANTIAL PERIOD OF TIME PRIOR TO THE
ADVERTISEMENT OR AS A DISCOUNT PRICE, UNLESS  THE  ADVERTISED  PRICE  IS
LOWER  THAN  THE PRICE BEING CHARGED FOR THE SAME MERCHANDISE OR SERVICE
BY OTHER SELLERS IN THE AREA; PROVIDED, HOWEVER, IN THE CASE  OF  A  NEW
PRODUCT, IF THE ADVERTISED PRICE IS LESS THAN THE PRICE WHICH THE ADVER-
TISER,  IN GOOD FAITH, EXPECTS TO CHARGE AFTER TERMINATION OF THE INTRO-
DUCTORY SALE, THERE IS NO VIOLATION  OF  THIS  SUBDIVISION.  THE  ACTUAL
PRICE  AFTER  THE  SALE SHALL BE EVIDENCE OF THE ADVERTISER'S GOOD FAITH
EXPECTATIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02902-01-1

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