NY State Assembly Bill 2023-A4620A

Assembly Bill A4620A

2023-2024 Legislative Session

Regulates and requires issuance of raincheck by retailer where advertised merchandise is not available for sale

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	amended on third reading (t) 4620a
Jan 03, 2024	ordered to third reading cal.128 returned to assembly died in senate
May 16, 2023	referred to consumer protection delivered to senate passed assembly
Mar 16, 2023	advanced to third reading cal.65
Mar 15, 2023	reported
Feb 28, 2023	reported referred to codes
Feb 17, 2023	referred to consumer affairs and protection

Bill Amendments

Original

A (Active)

2023-A4620 - Details

Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10778
2011-2012: A443
2013-2014: A1835
2015-2016: A5710
2017-2018: A7941
2019-2020: A1498
2021-2022: A6458

2023-A4620 - Summary

Mandates that any article of merchandise advertised, and not available throughout advertised period, must be supplied at advertised price by seller within sixty days from the date the purchaser of such article is notified of its availability; specifies terms of raincheck and limited exceptions.

2023-A4620 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4620
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in  relation  to  availability
   for sale of advertised merchandise
 
   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
 397-b to read as follows:
   § 397-B. AVAILABILITY FOR SALE OF  ADVERTISED  MERCHANDISE.    1.    A
 RETAILER  WHO  ADVERTISES  AN ARTICLE OF MERCHANDISE FOR SALE AT A PRICE
 WHICH IS REDUCED, IN GOOD FAITH, TO A PRICE BELOW THE PRICE  SUCH  ARTI-
 CLES ARE USUALLY SOLD OR OFFERED FOR SALE FOR IN THE STORE, AND DOES NOT
 HAVE  SUCH  ARTICLE AVAILABLE THROUGHOUT THE ADVERTISED PERIOD SHALL, ON
 THE REQUEST OF A PURCHASER OF SUCH ARTICLE, OFFER TO ISSUE  A  RAINCHECK
 UNLESS ONE OR MORE OF THE FOLLOWING SITUATIONS EXISTS:
   (A)    THE ADVERTISEMENT IS MADE IN RELATION TO MAIL ORDER MERCHANDISE
 AS REGULATED BY SECTION THREE HUNDRED NINETY-SIX-M OF THIS ARTICLE.
   (B)  THE ADVERTISEMENT IS OF AN ARTICLE THAT IS ONE OF A KIND AND  THE
 ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES SUCH FACT.
   (C)    THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES THE SPECIFIC
 QUANTITY OF THE ARTICLE AVAILABLE AT THE OUTSET OF THE SALE.
   (D)  THE ADVERTISEMENT CLEARLY AND CONSPICUOUSLY STATES THAT  A  RAIN-
 CHECK  IS NOT AVAILABLE.  THIS EXCLUSION MAY ONLY BE USED IF THE ARTICLE
 WILL NOT BE OFFERED FOR SALE FOR AT LEAST ONE HUNDRED TWENTY  DAYS  FROM
 THE EXPIRATION DATE OF THE ADVERTISEMENT.
   (E)  PRODUCTS DEFINED IN SUBDIVISION THREE OF SECTION TWO OF THE AGRI-
 CULTURE AND MARKETS LAW SHALL BE EXCLUDED FROM THE  PROVISIONS  OF  THIS
 SECTION, PROVIDED, HOWEVER, THAT ANY RETAILER OFFERING FOR SALE OR SELL-
 ING SUCH PRODUCTS MAY ISSUE RAINCHECKS PURSUANT TO THIS SECTION.
   2.    A  RAINCHECK  ISSUED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 SHALL ENTITLE THE HOLDER TO PURCHASE, AT THE STORE  ISSUING  SUCH  RAIN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07805-01-3

 A. 4620                             2
 
 CHECK,  THE ADVERTISED ARTICLE AT THE ADVERTISED PRICE WITHIN SIXTY DAYS
 FROM THE DATE OF ISSUANCE OR FOR A PERIOD OF TEN BUSINESS DAYS FROM  THE
 FIRST DATE OF AVAILABILITY OF THE ARTICLE, WHICHEVER SHALL BE LATER.
   THE  ISSUANCE  OF  SUCH RAINCHECK SHALL CONSTITUTE AN AGREEMENT ON THE
 PART OF THE SELLER TO SUPPLY  SUCH  ARTICLE  AT  SUCH  PRICE.    NOTHING
 CONTAINED HEREIN SHALL PROHIBIT A SELLER FROM OFFERING A SIMILAR ARTICLE
 OF  EQUAL  OR  GREATER  VALUE  EITHER  DURING THE PERIOD COVERED BY SUCH
 ADVERTISEMENT OF THE ARTICLE OR WITHIN SIXTY DAYS FROM THE DATE OF ISSU-
 ANCE OF THE RAINCHECK, OR THE SELLER  AND  PURCHASER  FROM  AGREEING  TO
 LENGTHEN  THE  REDEMPTION  PERIOD  OF  SUCH  RAINCHECK. IF THE PURCHASER
 ACCEPTS SUBSTITUTION, SUCH SUBSTITUTION SHALL CONSTITUTE COMPLIANCE WITH
 THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   3.  THE RAINCHECK SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION:
   (A)  NAME, ADDRESS AND TELEPHONE NUMBER OF THE ISSUER.
   (B)  DATE OF ISSUANCE.
   (C)  LAST DATE THAT THE RAINCHECK CAN BE REDEEMED.
   (D)  NAME, DESCRIPTION AND QUANTITY DESIRED OF THE ARTICLE.
   (E)  THE ADVERTISED PRICE.
   4.  THE RAINCHECK SHALL CONTAIN THE FOLLOWING NOTICE:
   YOU MAY REDEEM THIS RAINCHECK FOR THE ADVERTISED ITEM DESCRIBED ON THE
 OTHER SIDE WITHIN SIXTY DAYS OF ISSUANCE OR FOR A PERIOD OF TEN BUSINESS
 DAYS FROM THE FIRST DATE OF AVAILABILITY OF THE ITEM, WHICHEVER SHALL BE
 LATER.
   YOU WILL PAY ONLY THE ADVERTISED PRICE FOR THE ITEM.
   YOU ARE UNDER NO OBLIGATION TO BUY THE ITEM.
   5. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ALLEGED VIOLATION OF  THIS
 SECTION  THAT  THE  SELLER  WAS  UNABLE  TO HONOR A RAINCHECK WITHIN THE
 REDEMPTION PERIOD BECAUSE SUCH SELLER DID NOT RECEIVE A REORDER  OF  THE
 ADVERTISED  ARTICLE  FROM  A  SUPPLIER  THROUGH  NO  FAULT OF THE SELLER
 PROVIDED, HOWEVER, THAT THE SELLER MUST MAINTAIN RECORDS  SUFFICIENT  TO
 SHOW  THAT THE ADVERTISED SALE ITEMS WERE REORDERED IN ADEQUATE TIME FOR
 DELIVERY AND IN SUFFICIENT QUANTITY TO FULFILL RAINCHECK OBLIGATIONS.
   6. THIS SECTION SHALL NOT APPLY TO A PURCHASE FOR RESALE.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  RELIEVE  THE  SELLER
 FROM  ANY OTHER PROVISION OF LAW PROHIBITING THE ADVERTISING OF GOODS OR
 SERVICES WITH THE INTENT NOT TO MEET REASONABLY EXPECTED DEMAND.
   8. NO PURCHASER SHALL BE REQUIRED TO PREPAY THE PURCHASE PRICE OR  ANY
 PART THEREOF IN ORDER TO OBTAIN A RAINCHECK.
   9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE POWER OF
 ANY  COUNTY, CITY, TOWN OR VILLAGE TO ADOPT AND ENFORCE ADDITIONAL LOCAL
 LAWS, ORDINANCES, OR REGULATIONS WHICH  EXCEED  THE  MINIMUM  APPLICABLE
 STANDARDS IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-A4620A (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10778
2011-2012: A443
2013-2014: A1835
2015-2016: A5710
2017-2018: A7941
2019-2020: A1498
2021-2022: A6458

2023-A4620A (ACTIVE) - Summary

2023-A4620A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4620--A
                                                         Cal. No. 128
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection -- ordered to a third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading

 AN ACT to amend the general business law, in relation to  disclosure  of
   raincheck policies for certain advertised merchandise
 
   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
 397-c to read as follows:
   § 397-C. DISCLOSURE OF RAINCHECK POLICY.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE TERM "RAINCHECK" SHALL MEAN A WRITTEN STATEMENT ISSUED BY A
 RETAILER ALLOWING THE PURCHASE OF DESIGNATED MERCHANDISE AT A PREVIOUSLY
 ADVERTISED PRICE.
   2. A RETAILER WHO HAS ADOPTED AS A POLICY THE ISSUANCE OF   RAINCHECKS
 TO CONSUMERS FOR SALE OF ADVERTISED MERCHANDISE NOT AVAILABLE THROUGHOUT
 THE  ADVERTISED  PERIOD  SHALL, CLEARLY AND CONSPICUOUSLY POST ITS RAIN-
 CHECK POLICY:
   (A) IN CLOSE PROXIMITY TO THE CASH REGISTER OR SO SITUATED  AS  TO  BE
 CLEARLY VISIBLE TO THE BUYER AT THE POINT OF SALE;
   (B) ON ITS WEBSITE; AND
   (C) IN ANY ONLINE OR PRINTED ADVERTISEMENTS.
   3.    ANY  RAINCHECK  POLICY  ADOPTED  AND  POSTED BY A RETAILER SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
   (A)  NAME, ADDRESS, AND TELEPHONE NUMBER OF THE RETAILER;
   (B)  RETAILER'S WEBSITE AND E-MAIL ADDRESS;
   (C) A STATEMENT THAT READS "ANY RAINCHECK  ISSUED  FOR  AN  ADVERTISED
 ITEM WILL BE HONORED FOR SIXTY DAYS AFTER ISSUANCE".
   4.  ANY  RAINCHECK  ISSUED  UNDER A POLICY ADOPTED BY A RETAILER SHALL
 INCLUDE AT LEAST THE FOLLOWING INFORMATION:
   (A) NAME, ADDRESS, AND TELEPHONE NUMBER OF THE ISSUER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07805-02-4
 A. 4620--A                          2
 
   (B) DATE OF ISSUANCE;
   (C) LAST DATE THAT THE RAINCHECK CAN BE REDEEMED;
   (D) NAME, DESCRIPTION AND QUANTITY DESIRED OF THE ARTICLE; AND
   (E) THE ADVERTISED PRICE.
   5. THE RAINCHECK ISSUED SHALL CONTAIN THE FOLLOWING NOTICE:
   "YOU  MAY  REDEEM  THIS RAINCHECK FOR THE ADVERTISED ITEM DESCRIBED ON
 THE OTHER SIDE WITHIN SIXTY DAYS OF ISSUANCE.
   YOU WILL PAY ONLY THE ADVERTISED PRICE FOR THE ITEM.
   YOU ARE UNDER NO OBLIGATION TO BUY THE ITEM."
   6. IT SHALL BE UNLAWFUL FOR ANY RETAILER WHO PROVIDES A RAINCHECK  FOR
 ANY ADVERTISED MERCHANDISE WHICH IS NOT AVAILABLE FOR IMMEDIATE PURCHASE
 TO FAIL TO:
   (A)  CLEARLY AND CONSPICUOUSLY POST ITS RAINCHECK POLICY IN ACCORDANCE
 WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION;
   (B) HONOR OR SATISFY THE RAINCHECK WITHIN SIXTY DAYS FROM THE DATE  OF
 ISSUANCE,  PROVIDED  THAT  AFTER  A  GOOD FAITH EFFORT A RETAILER CANNOT
 PROCURE THE ADVERTISED MERCHANDISE WITHIN  THE  SIXTY  DAY  PERIOD,  THE
 RETAILER  MAY  OFFER  THE  HOLDER A SUBSTANTIALLY SIMILAR ARTICLE OF THE
 SAME KIND, QUALITY, AND PRICE OF THE ORIGINAL ADVERTISED MERCHANDISE; OR
   (C) GIVE WRITTEN NOTICE VIA MAIL OR E-MAIL OR NOTICE BY PHONE  TO  THE
 HOLDER OF ANY RAINCHECK WHEN THE MERCHANDISE IS AVAILABLE AND INFORM THE
 HOLDER OF THE RAINCHECK THAT THE ADVERTISED MERCHANDISE WILL BE HELD FOR
 A  PERIOD  OF NO LESS THAN TEN DAYS FROM THE DATE OF NOTIFICATION, OR TO
 THE END OF THE SIXTY DAY PERIOD FOR WHICH THE RAINCHECK IS VALID, WHICH-
 EVER IS LONGER.
   7. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ALLEGED VIOLATION OF  THIS
 SECTION  THAT  THE  SELLER  WAS  UNABLE  TO HONOR A RAINCHECK WITHIN THE
 REDEMPTION PERIOD BECAUSE SUCH SELLER DID NOT RECEIVE A REORDER  OF  THE
 ADVERTISED  ARTICLE  FROM  A  SUPPLIER  THROUGH  NO  FAULT OF THE SELLER
 PROVIDED, HOWEVER, THAT THE SELLER MUST MAINTAIN RECORDS  SUFFICIENT  TO
 SHOW  THAT THE ADVERTISED SALE ITEMS WERE REORDERED IN ADEQUATE TIME FOR
 DELIVERY AND IN SUFFICIENT QUANTITY TO FULFILL RAINCHECK OBLIGATIONS.
   8. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   9. THIS SECTION SHALL NOT APPLY TO A PURCHASE FOR RESALE.
   10.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO RELIEVE THE SELLER
 FROM ANY OTHER PROVISION OF LAW PROHIBITING THE ADVERTISING OF GOODS  OR
 SERVICES WITH THE INTENT NOT TO MEET REASONABLY EXPECTED DEMAND.
   11. NO PURCHASER SHALL BE REQUIRED TO PREPAY THE PURCHASE PRICE OR ANY
 PART THEREOF IN ORDER TO OBTAIN A RAINCHECK.
   12.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE POWER
 OF ANY COUNTY, CITY, TOWN OR VILLAGE TO  ADOPT  AND  ENFORCE  ADDITIONAL
 LOCAL LAWS, ORDINANCES, OR REGULATIONS WHICH EXCEED THE MINIMUM APPLICA-
 BLE STANDARDS IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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