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A04204 Summary:

BILL NOA04204A
 
SAME ASNo Same As
 
SPONSORSayegh
 
COSPNSR
 
MLTSPNSR
 
Add §396-oo, Gen Bus L
 
Requires that retail mercantile establishments offering digital coupons make such coupons available to consumers in paper form of identical value; provides exceptions; provides for violations and penalties.
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A04204 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4204--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2025
                                       ___________
 
        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on  Consumer Affairs and Protection -- recommitted to the Committee on
          Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
          sec.  2  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to requiring  that
          digital coupons are made available to consumers in paper form of iden-
          tical value
 
          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  396-oo to read as follows:
     3    § 396-oo. Digital coupons;  availability  of  paper  coupons.  1.  For
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "digital coupon" means a store voucher, rebate or similar  instru-
     7  ment  that  is  offered  to  a consumer online through a website, mobile
     8  application, or other online platform;
     9    (b) "retail mercantile establishment" shall have the same  meaning  as
    10  section two hundred seventeen of this chapter; and
    11    (c)  "online  retailer"  shall  have  the  same meaning as section two
    12  hundred seventeen of this chapter.
    13    2. Every retail mercantile establishment selling or offering for  sale
    14  goods or services that offers a digital coupon shall make available to a
    15  consumer a paper coupon of identical value.
    16    3.  This  section shall not apply to online retailers operating exclu-
    17  sively through websites, mobile applications or other  online  platforms
    18  or  to  retail  mercantile establishments offering a particular good for
    19  sale only through a website, mobile application or  other  online  plat-
    20  form.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06587-02-6

        A. 4204--A                          2
 
     1    4. The secretary of state may adopt rules and regulations necessary to
     2  effectuate the purposes of this section.
     3    5.  Any person that violates the provisions of subdivision two of this
     4  section shall be subject to a civil penalty of up to two  hundred  fifty
     5  dollars  for  a  first  offense  and  up to five hundred dollars for any
     6  subsequent offense. The provisions of this  section  shall  be  enforced
     7  concurrently  by  the  director  or commissioner of a municipal consumer
     8  affairs  office, or  by  the  town  attorney,  city   corporation  coun-
     9  sel, or other lawful designee of a municipality or local government, and
    10  all  moneys  collected thereunder shall be retained by such municipality
    11  or local government.
    12    § 2. This act shall take effect six months after it shall have  become
    13  a  law. Effective immediately, the addition, amendment, and/or repeal of
    14  any rule or regulation necessary for the implementation of this  act  on
    15  its  effective date are authorized to be made and completed on or before
    16  such effective date.
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