Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.
STATE OF NEW YORK
________________________________________________________________________
2687--D
2011-2012 Regular Sessions
IN 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:
1 Section 1. The general business law is amended by adding a new section
2 391-s to read as follows:
3 § 391-s. Rebates. 1. For the purposes of this section, the following
4 terms shall have the following meanings:
5 (a) "rebate" shall mean the return to a purchaser of any good or
6 service of any portion of the purchase price thereof or a specific mone-
7 tary amount;
8 (b) "manufacturer's rebate" shall mean a rebate advertised or offered
9 by or on behalf of a manufacturer returning to a purchaser of any good
10 or service any portion of the purchase price thereof or a specific mone-
11 tary amount.
12 2. Any retail establishment offering a rebate and responsible for the
13 financing of such rebate shall remit such rebate to the purchaser at the
14 time of retail purchase of the good or service to which the rebate
15 applies.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05604-08-2
S. 2687--D 2
1 3. The retail establishment shall determine and disclose in any adver-
2 tisement of the rebate the method by which the rebate shall be remitted
3 to the purchaser.
4 4. The provisions of subdivisions two and three of this section shall
5 not apply when a rebate is a manufacturer's rebate and is advertised or
6 otherwise disclosed conspicuously as such.
7 5. Any person, firm, corporation or association offering a rebate who
8 violates this section shall be subject to a civil penalty of one hundred
9 dollars for each such violation.
10 § 2. This act shall take effect on the first of September next
11 succeeding the date on which it shall have become a law.
