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Assembly Bill A3377

2013-2014 Legislative Session

Requires stores to publicly display their return and refund policies, including tracking of returns

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Archive: Last Bill Status - On Floor Calendar

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2013-A3377 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add ยง218-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3404
2011-2012: A3010
2015-2016: A5039
2017-2018: A498
2019-2020: A42
2021-2022: A177
2023-2024: A9392
2025-2026: A7182

2013-A3377 (ACTIVE) - Summary

Requires stores to publicly display their return and refund policies, including tracking of returns; failure to display provides buyer with automatic refund or credit; requires refund or exchange within stated time period for returns with receipt; returns within time period exempt from tracking system.

2013-A3377 (ACTIVE) - Bill Text download pdf 

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

                                  3377

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M. of A. PERRY, COLTON -- Multi-Sponsored by -- M. of A.
  AUBRY, CLARK, MILLMAN, RIVERA, 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. The general business law is amended by adding a new section
218-b to read as follows:
  S 218-B. DISCLOSURE; ELECTRONIC TRACKING OF RETURNS OR  EXCHANGES.  1.
EVERY RETAIL MERCANTILE ESTABLISHMENT THAT UTILIZES AN ELECTRONIC SYSTEM
TO  RECORD  AND  MONITOR THE FREQUENCY AND VOLUME OF A BUYER'S RETURN OR
EXCHANGE OF GOODS, WARES, OR MERCHANDISE SHALL  CONSPICUOUSLY  POST,  IN
THE  FOLLOWING  MANNER,  A  NOTICE  CLEARLY  INDICATING  THE USE OF SUCH
SYSTEM:
  (A) ON A LABEL 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
  (D) ON A SIGN POSTED AT EACH STORE ENTRANCE USED BY THE PUBLIC.
  2.  ANY  RETAIL  MERCANTILE  ESTABLISHMENT  THAT VIOLATES THIS SECTION
SHALL BE LIABLE, FOR A PERIOD OF UP TO TWENTY  DAYS  FROM  THE  DATE  OF
PURCHASE,  TO  THE  BUYER  FOR  A  CASH REFUND OR CREDIT, AT THE BUYER'S
OPTION, PROVIDED THAT THE MERCHANDISE HAS NOT BEEN USED  OR  DAMAGED  BY
THE BUYER.
  3.  ANY  RETAIL  MERCANTILE  ESTABLISHMENT  THAT VIOLATES THIS SECTION
SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS
NOR MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00078-01-3

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