A05039 Summary:

MLTSPNSRAubry, Rivera, Wright
Add S218-b, Gen Bus L
Requires stores to publicly display their return and refund policies, including tracking of returns; failure to display provides buyer with automatic refund or credit.
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A05039 Actions:

02/10/2015referred to consumer affairs and protection
05/27/2015reported referred to codes
06/02/2015reported referred to rules
06/09/2015rules report cal.107
06/09/2015ordered to third reading rules cal.107
01/06/2016referred to consumer affairs and protection
02/25/2016reported referred to codes
03/03/2016advanced to third reading cal.419
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A05039 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. The general business law is amended by adding a new section
     2  218-b to read as follows:
     3    §  218-b.  Disclosure; electronic tracking of returns or exchanges. 1.
     4  Every retail mercantile establishment that utilizes an electronic system
     5  to record and monitor the frequency and volume of a  buyer's  return  or
     6  exchange  of  goods,  wares, or merchandise shall conspicuously post, in
     7  the following manner, a  notice  clearly  indicating  the  use  of  such
     8  system:
     9    (a) on a label attached to the item itself; or
    10    (b) on a sign affixed to each cash register or point of sale; or
    11    (c)  on  a sign so situated as to be clearly visible to the buyer from
    12  the cash register; or
    13    (d) on a sign posted at each store entrance used by the public.
    14    2. Any retail mercantile  establishment  that  violates  this  section
    15  shall  be  liable,  for  a  period of up to twenty days from the date of
    16  purchase, to the buyer for a cash  refund  or  credit,  at  the  buyer's
    17  option,  provided  that  the merchandise has not been used or damaged by
    18  the buyer.
    19    3. Any retail mercantile  establishment  that  violates  this  section
    20  shall be subject to a civil penalty of not less than one hundred dollars
    21  nor more than five hundred dollars for each violation.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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