Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to consumer protection |
Jan 07, 2009 |
referred to consumer protection |
Senate Bill S443
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S443 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 39-DDD ยงยง898 - 898-e, Gen Bus L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2574
2009-S443 (ACTIVE) - Summary
Enacts the Honest Use of Refund and Rebate Forms Act; prohibits display of expired manufacturer's refund and rebate forms; requires availability of advertised forms and mandates that appropriate signs be placed in premises indicating the location of such forms; requires that they be maintained in an orderly fashion accessible to purchasers
2009-S443 (ACTIVE) - Sponsor Memo
BILL NUMBER: S443 TITLE OF BILL : An act to amend the general business law, in relation to the honest use of refund and rebate forms act SUMMARY : This bill would add a new Article, 39-DDD to the General Business Law to create the "Honest Use of Refunds and Rebates Act." It would make it unlawful for any person, firm, partnership, corporation or association to advertise the availability of a manufacturer's refund or rebate offer for which the appropriate form has expired. It would also provide that if the existence of such a refund or rebate offer is advertised, the appropriate form must be made available at the time of sale. In the event no such form is available and the seller has advertised the existence of a refund or rebate, the seller must establish a means for purchasers to obtain a form by mail. This bill would also allow the seller at its discretion, to offer' a substitute to the purchaser. Violators would be subject to a civil penalty of not less than $100 and not more than $1,000. Seller's would have an affirmative defense if they can show that the appropriate forms were not received by the seller at least ten days prior to the last day on which such rebate or refund form must be postmarked or otherwise delivered to the manufacturer or that the seller had an adequate number of refund or rebate forms sufficient to meet reasonably
2009-S443 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 443 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the honest use of refund and rebate forms act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new article 39-DDD to read as follows: ARTICLE 39-DDD HONEST USE OF REFUND AND REBATE FORMS ACT SECTION 898. SHORT TITLE. 898-A. DEFINITIONS. 898-B. DISPLAY OF EXPIRED MANUFACTURER'S REFUND AND REBATE FORMS PROHIBITED. 898-C. AVAILABILITY OF MANUFACTURER'S REFUND OR REBATE FORMS. 898-D. PENALTIES. 898-E. AFFIRMATIVE DEFENSES. S 898. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HONEST USE OF REFUND AND REBATE FORMS ACT". S 898-A. DEFINITIONS. WHENEVER USED IN THIS ARTICLE: (A) "MANUFACTURER'S REFUND" SHALL MEAN A RETURN OF THE TOTAL PURCHASE PRICE BY A MANUFACTURER TO A PURCHASER OF AN ITEM. (B) "MANUFACTURER'S REBATE" SHALL MEAN A RETURN BY A MANUFACTURER TO A PURCHASER OF AN ITEM OF ANY PORTION OF THE SALES PRICE OR OF A SPECIFIC MONETARY AMOUNT. (C) "FORM" SHALL MEAN THE AUTHORIZED FORM REQUIRED TO BE COMPLETED BY THE PURCHASER OF AN ITEM AS A PREREQUISITE TO A MANUFACTURER'S REFUND OR REBATE. S 898-B. DISPLAY OF EXPIRED MANUFACTURER'S REFUND AND REBATE FORMS PROHIBITED. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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