Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
ordered to third reading cal.128 returned to assembly died in senate |
May 16, 2023 |
referred to consumer protection delivered to senate passed assembly |
Mar 16, 2023 |
advanced to third reading cal.65 |
Mar 15, 2023 |
reported |
Feb 28, 2023 |
reported referred to codes |
Feb 17, 2023 |
referred to consumer affairs and protection |
Assembly Bill A4620
2023-2024 Legislative Session
Sponsored By
ALVAREZ
Current Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-A4620 (ACTIVE) - Details
- See Senate Version of this Bill:
- S4130
- Law Section:
- General Business Law
- Laws Affected:
- Add §397-b, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10778
2011-2012: A443
2013-2014: A1835
2015-2016: A5710
2017-2018: A7941, S8046
2019-2020: A1498, S1711
2021-2022: A6458, S4813
2023-A4620 (ACTIVE) - Summary
Mandates that any article of merchandise advertised, and not available throughout advertised period, must be supplied at advertised price by seller within sixty days from the date the purchaser of such article is notified of its availability; specifies terms of raincheck and limited exceptions.
2023-A4620 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4620 2023-2024 Regular Sessions I N A S S E M B L Y February 17, 2023 ___________ Introduced by M. of A. ALVAREZ -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to availability for sale of advertised merchandise 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 397-b to read as follows: § 397-B. AVAILABILITY FOR SALE OF ADVERTISED MERCHANDISE. 1. A RETAILER WHO ADVERTISES AN ARTICLE OF MERCHANDISE FOR SALE AT A PRICE WHICH IS REDUCED, IN GOOD FAITH, TO A PRICE BELOW THE PRICE SUCH ARTI- CLES ARE USUALLY SOLD OR OFFERED FOR SALE FOR IN THE STORE, AND DOES NOT HAVE SUCH ARTICLE AVAILABLE THROUGHOUT THE ADVERTISED PERIOD SHALL, ON THE REQUEST OF A PURCHASER OF SUCH ARTICLE, OFFER TO ISSUE A RAINCHECK UNLESS ONE OR MORE OF THE FOLLOWING SITUATIONS EXISTS: (A) THE ADVERTISEMENT IS MADE IN RELATION TO MAIL ORDER MERCHANDISE AS REGULATED BY SECTION THREE HUNDRED NINETY-SIX-M OF THIS ARTICLE. (B) THE ADVERTISEMENT IS OF AN ARTICLE THAT IS ONE OF A KIND AND THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES SUCH FACT. (C) THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES THE SPECIFIC QUANTITY OF THE ARTICLE AVAILABLE AT THE OUTSET OF THE SALE. (D) THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES THAT A RAIN- CHECK IS NOT AVAILABLE. THIS EXCLUSION MAY ONLY BE USED IF THE ARTICLE WILL NOT BE OFFERED FOR SALE FOR AT LEAST ONE HUNDRED TWENTY DAYS FROM THE EXPIRATION DATE OF THE ADVERTISEMENT. (E) PRODUCTS DEFINED IN SUBDIVISION THREE OF SECTION TWO OF THE AGRI- CULTURE AND MARKETS LAW SHALL BE EXCLUDED FROM THE PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT ANY RETAILER OFFERING FOR SALE OR SELL- ING SUCH PRODUCTS MAY ISSUE RAINCHECKS PURSUANT TO THIS SECTION. 2. A RAINCHECK ISSUED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL ENTITLE THE HOLDER TO PURCHASE, AT THE STORE ISSUING SUCH RAIN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07805-01-3
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