Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to consumer protection |
Jan 09, 2013 |
referred to consumer protection |
Senate Bill S1939
2013-2014 Legislative Session
Sponsored By
(R, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S1939 (ACTIVE) - Details
2013-S1939 (ACTIVE) - Summary
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.
2013-S1939 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1939 REVISED 1/24/13 TITLE OF BILL: An act to amend the general business law, in relation to requirements for rebates provided by retailers PURPOSE: This legislation would require a rebate when offered solely by a retail establishment to be paid at the time of purchase in a manner of the choosing of the retailer. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section, 391-s to the General Business Law, It defines "rebate" and "manufacture's rebate" and would require that a rebate offered and financed directly by a retailer to be provided at the time of purchase in a manner of the choosing of the retailer. The section also provides for a civil penalty of $ 100 for each violation. Justification: Many companies apply rebates as a way of enticing customers to purchase items While no consumer can argue with being offered a discount on a product, companies know that a consumer is significantly less likely to apply for a rebate. Further the rebate process is often cumbersome and consumers often give up, or erroneously fill out the proper forms and are summarily rejected for the rebate. If a company's true intention is to incentive a purchase by offering a discount, then such discount should be applied immediately.
2013-S1939 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1939 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. GRISANTI -- 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 requirements for rebates provided by retailers 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 section 391-s to read as follows: S 391-S. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "REBATE" SHALL MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE- TARY AMOUNT; (B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR OFFERED BY OR ON BEHALF OF A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD OR SERVICE ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE- TARY AMOUNT. 2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND RESPONSIBLE FOR THE FINANCING OF SUCH REBATE SHALL REMIT SUCH REBATE TO THE PURCHASER AT THE TIME OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES. 3. THE RETAIL ESTABLISHMENT SHALL DETERMINE AND DISCLOSE IN ANY ADVER- TISEMENT OF THE REBATE THE METHOD BY WHICH THE REBATE SHALL BE REMITTED TO THE PURCHASER. 4. THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY WHEN A REBATE IS A MANUFACTURER'S REBATE AND IS ADVERTISED OR OTHERWISE DISCLOSED CONSPICUOUSLY AS SUCH. 5. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS FOR EACH SUCH VIOLATION. S 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
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