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Senate Bill S9365

2025-2026 Legislative Session

Requires advertisements of a discounted price of a good or service have such price be actually discounted from a bona fide regular price

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Current Bill Status - In Senate Committee Rules Committee

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2025-S9365 (ACTIVE) - Details

See Assembly Version of this Bill:
A10069
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §350-a, Gen Bus L

2025-S9365 (ACTIVE) - Summary

Requires advertisements of a discounted price of a good or service have such price be actually discounted from a bona fide regular price.

2025-S9365 (ACTIVE) - Sponsor Memo

2025-S9365 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9365
 
                             I N  S E N A T E
 
                               March 5, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  requiring
   advertisements  of  a  discounted price of a good or service have such
   price be actually discounted from a bona fide regular price

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  350-a  of the general business law is amended by
 adding a new subdivision 5 to read as follows:
   5. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM:
   (I) "DISCOUNTED PRICE" SHALL MEAN ANY PRICE OFFERED TO CONSUMERS ON  A
 TEMPORARY OR CONDITIONAL BASIS WHICH IS A REDUCTION IN SUCH PRICE.
   (II) "BONA FIDE REGULAR PRICE" SHALL MEAN AN ACTUAL PRICE AT WHICH THE
 GOOD  OR SERVICE WAS OPENLY OFFERED AND AVAILABLE TO BE PURCHASED AT FOR
 A REASONABLY SUBSTANTIAL PERIOD.
   (B) (I) IT SHALL CONSTITUTE FALSE ADVERTISING TO DISPLAY OR  ANNOUNCE,
 IN  PRINT  OR BROADCAST ADVERTISING, THAT THE PRICE OF A GOOD OR SERVICE
 IS A DISCOUNTED PRICE UNLESS SUCH DISCOUNTED PRICE  IS  A  REDUCTION  IN
 PRICE  WHEN  COMPARED  TO  THE  BONA  FIDE REGULAR PRICE OF SUCH GOOD OR
 SERVICE.
   (II) IT SHALL CONSTITUTE FALSE ADVERTISING TO DISPLAY OR ANNOUNCE,  IN
 PRINT  OR  BROADCAST  ADVERTISING,  THE AMOUNT, IN DOLLARS OR PERCENT, A
 PRICE OF A GOOD OR SERVICE HAS BEEN REDUCED TO  BE  A  DISCOUNTED  PRICE
 UNLESS SUCH AMOUNT IS CALCULATED BASED ON THE BONA FIDE REGULAR PRICE OF
 SUCH GOOD OR SERVICE.
   (III) IT SHALL CONSTITUTE FALSE ADVERTISING TO DISPLAY OR ANNOUNCE, IN
 PRINT  OR BROADCAST ADVERTISING, THE PRICE OF A GOOD OR SERVICE PRIOR TO
 BEING REDUCED TO BE A DISCOUNTED PRICE UNLESS SUCH PRICE PRIOR TO  BEING
 REDUCED IS THE BONA FIDE REGULAR PRICE OF SUCH GOOD OR SERVICE.
   (C)  THIS  SUBDIVISION SHALL NOT APPLY TO ANY PRICE ADVERTISED AS PART
 OF A "CLEARANCE SALE", "LIQUIDATION SALE", "DISCONTINUED PRODUCT  SALE",
 OR ANY OTHER ADVERTISING OR DESIGNATION BY ANY OTHER EXPRESSION OR CHAR-
 ACTERIZATION SIMILAR TO ANY SUCH TERMS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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