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IN HB1055

Bill

Status

Introduced

1/6/2015

Primary Sponsor

Edmond Soliday

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Defines an "unconscionable act" treated as a deceptive act when a supplier refuses to sell food or beverage products to an existing retailer (with whom they've done business in the past 2 years) at the same price offered to other retailers.

  • Establishes exceptions allowing suppliers to charge higher prices based on lower purchase quantities, greater delivery costs, or response to market conditions like perishable goods deterioration, seasonal obsolescence, or business discontinuance.

  • Requires courts to award retailers the price difference between what they paid and what other retailers paid if a supplier commits the unconscionable act.

  • Allows the attorney general to recover civil penalties equal to twice the price difference if pursuing an action to enjoin the unconscionable act.

  • Excludes franchisor-franchisee contracts and alcoholic beverage transactions from the law's application; effective July 1, 2015.

Legislative Description

Prices charged to retailers by suppliers. Provides that a supplier commits an unconscionable act that is treated the same as a deceptive act under the deceptive consumer sales law if the supplier refuses to sell to a retailer with which the supplier has done business within the previous two years a good that is a food or beverage product at the same price that the supplier sells the good to any other retailer. Establishes exceptions. Provides that certain deceptive consumer sales provisions do not apply to the unconscionable act. Requires a court to award to a retailer the difference between

Last Action

Representatives Steuerwald and DeLaney added as coauthor

1/12/2015

Committee Referrals

Judiciary1/6/2015

Full Bill Text

No bill text available