BILL NO A05039
SAME AS No same as
SPONSOR Perry (MS)
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
BILL NO A05039
02/10/2015 referred to consumer affairs and protection
05/27/2015 reported referred to codes
06/02/2015 reported referred to rules
06/09/2015 rules report cal.107
06/09/2015 ordered to third reading rules cal.107
S T A T E O F N E W Y O R K
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
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.