A05039 Summary:

BILL NO    A05039 

SAME AS    No same as 

SPONSOR    Perry (MS)

COSPNSR    Colton

MLTSPNSR   Aubry, Clark, 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:

BILL NO    A05039 

02/10/2015 referred to consumer affairs and protection
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A05039 Votes:

There are no votes for this bill in this legislative session.
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A05039 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5039

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  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    S 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.
                                                                  LBD02983-01-5
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