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Assembly Bill A5039

2015-2016 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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2015-A5039 (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
2013-2014: A3377
2017-2018: A498
2019-2020: A42
2021-2022: A177
2023-2024: A9392
2025-2026: A7182

2015-A5039 (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.

2015-A5039 (ACTIVE) - Bill Text download pdf 

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

                                  5039

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M. of A. PERRY, COLTON -- Multi-Sponsored by -- M. of A.
  AUBRY, CLARK, RIVERA, WRIGHT -- read once and referred to the  Commit-
  tee 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.
                                                           LBD02983-01-5

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