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Assembly Bill A42

2019-2020 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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2019-A42 (ACTIVE) - Details

See Senate Version of this Bill:
S5366
Law Section:
General Business Law
Laws Affected:
Add §218-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3404
2011-2012: A3010
2013-2014: A3377
2015-2016: A5039
2017-2018: A498
2021-2022: A177, S3703
2023-2024: A9392, S1422
2025-2026: A7182, S2440

2019-A42 (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.

2019-A42 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    42
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PERRY,  BARRON,  COLTON, COOK, NIOU, RIVERA,
   SEAWRIGHT, WEPRIN -- Multi-Sponsored by -- M. of A. AUBRY -- 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:
   § 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.
   § 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

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