S2687D-2011 Actions

• Feb 14, 2012: PRINT NUMBER 2687D
• Feb 14, 2012: AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
• Jan 25, 2012: PRINT NUMBER 2687C
• Jan 25, 2012: AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Dec 23, 2011: PRINT NUMBER 2687B
• Dec 23, 2011: AMEND AND RECOMMIT TO CONSUMER PROTECTION
• May 19, 2011: PRINT NUMBER 2687A
• May 19, 2011: AMEND AND RECOMMIT TO CONSUMER PROTECTION
• Jan 28, 2011: REFERRED TO CONSUMER PROTECTION

S2687D-2011 Memo

BILL NUMBER:S2687D

TITLE OF BILL:  An act to amend the general business law, in relation
to requirements for rebates provided by retailers

PURPOSE: This legislation would require a rebate when offered solely
by a retail establishment to be paid at the time of purchase in a
manner of the choosing of the retailer.

SUMMARY OF SPECIFIC PROVISIONS:  Adds a new section, 391-s, to the
General Business Law. It defines "rebate" "manufacture's rebate",
requires a rebate offered directly by a retailer to be provided at the
time of purchase in a manner of the choosing of the retailer, and
provides for a civil penalty of $100 for each violation.

JUSTIFICATION:  Many companies apply rebates as a way of enticing
customers to purchase items. While no consumer can argue with being
offered a discount on a product, companies know that a consumer is
significantly less likely to apply for a rebate. Further the rebate
process is often cumbersome and consumers often give up, or
erroneously fill out the proper forms and are summarily rejected for
the rebate. If a company's true intention is to incentive a purchase
by offering a discount, then such discount should be applied
immediately.

This legislation which applies solely when a rebate is offered by a
retailer would require that the rebate is paid at that moment in a
manner chosen by the retailer for example with a direct price
reduction, or a gift certificate or gift card.

PRIOR LEGISLATIVE HISTORY:
S. 6003 of 2004; Referred to Consumer Protection
S. 2267 of 2005/06; Referred to Consumer Protection
S. 2716 of 2007/08; Referred to Consumer Protection
S. 2358 of 2009/10; Referred to Consumer Protection
FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of September next succeeding the date on
which it shall have become law.

S2687D-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2687--D
 2011-2012 Regular Sessions
 I N  SENATE
 January 28, 2011
 
 Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Consumer  Protection  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee -- committee discharged,  bill  amended,
 ordered  reprinted  as  amended  and  recommitted to said committee -
 recommitted to the Committee on Consumer Protection in accordance with
 Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
 reprinted  as  amended  and recommitted to said committee -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the general business law, in  relation  to  requirements
 for rebates provided by retailers
 

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
 391-s to read as follows:

 

S 391-S. REBATES. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 (A)  "REBATE"  SHALL  MEAN  THE  RETURN  TO A PURCHASER OF ANY GOOD OR
 SERVICE OF ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE
 TARY AMOUNT;
 (B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR  OFFERED
 BY  OR  ON BEHALF OF A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD
 OR SERVICE ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE
 TARY AMOUNT.
 2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND RESPONSIBLE FOR  THE
 FINANCING OF SUCH REBATE SHALL REMIT SUCH REBATE TO THE PURCHASER AT THE
 TIME  OF  RETAIL  PURCHASE  OF  THE  GOOD OR SERVICE TO WHICH THE REBATE
 APPLIES.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05604-08-2
 
       S. 2687--D                          2
 3. THE RETAIL ESTABLISHMENT SHALL DETERMINE AND DISCLOSE IN ANY ADVER
 TISEMENT OF THE REBATE THE METHOD BY WHICH THE REBATE SHALL BE  REMITTED
 TO THE PURCHASER.
 4.  THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
 NOT APPLY WHEN A REBATE IS A MANUFACTURER'S REBATE AND IS ADVERTISED  OR
 OTHERWISE DISCLOSED CONSPICUOUSLY AS SUCH.
 5.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
 VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED
 DOLLARS FOR EACH SUCH VIOLATION.
 

S 2. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.

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