Assembly Bill A498

2017-2018 Legislative Session

Requires stores to publicly display their return and refund policies, including tracking of returns

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • 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

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2017-A498 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §218-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3404
2011-2012: A3010
2013-2014: A3377
2015-2016: A5039
2019-2020: A42
2021-2022: A177
2023-2024: A9392

2017-A498 (ACTIVE) - Summary

Requires stores to publicly display their return and refund policies, including tracking of returns; failure to display provides buyer with automatic refund or credit.

2017-A498 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    498
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. PERRY, COLTON -- Multi-Sponsored by -- M. of A.
   AUBRY, RIVERA -- read once and referred to the Committee  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:
 
   Section 1. The general business law is amended by adding a new section
 218-b to read as follows:
   §  218-B.  DISCLOSURE; ELECTRONIC TRACKING OF RETURNS OR EXCHANGES. 1.
 EVERY RETAIL MERCANTILE ESTABLISHMENT THAT UTILIZES AN ELECTRONIC SYSTEM
 TO RECORD AND MONITOR THE FREQUENCY AND VOLUME OF A  BUYER'S  RETURN  OR
 EXCHANGE  OF  GOODS,  WARES, OR MERCHANDISE SHALL CONSPICUOUSLY POST, IN
 THE FOLLOWING MANNER, A  NOTICE  CLEARLY  INDICATING  THE  USE  OF  SUCH
 SYSTEM:
   (A) ON A LABEL ATTACHED TO THE ITEM ITSELF; OR
   (B) ON A SIGN AFFIXED TO EACH CASH REGISTER OR POINT OF SALE; OR
   (C)  ON  A SIGN SO SITUATED AS TO BE CLEARLY VISIBLE TO THE BUYER FROM
 THE CASH REGISTER; OR
   (D) ON A SIGN POSTED AT EACH STORE ENTRANCE USED BY THE PUBLIC.
   2. ANY RETAIL MERCANTILE  ESTABLISHMENT  THAT  VIOLATES  THIS  SECTION
 SHALL  BE  LIABLE,  FOR  A  PERIOD OF UP TO TWENTY DAYS FROM THE DATE OF
 PURCHASE, TO THE BUYER FOR A CASH  REFUND  OR  CREDIT,  AT  THE  BUYER'S
 OPTION,  PROVIDED  THAT  THE MERCHANDISE HAS NOT BEEN USED OR DAMAGED BY
 THE BUYER.
   3. ANY RETAIL MERCANTILE  ESTABLISHMENT  THAT  VIOLATES  THIS  SECTION
 SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS
 NOR MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06337-01-7

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