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NY A10778

Bill

Status

Engrossed

6/24/2010

Primary Sponsor

Sandra Galef

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Requires retailers who advertise merchandise at a reduced price but fail to stock it throughout the advertised period to issue a raincheck to customers upon request.

  • Raincheck entitles holder to purchase the advertised item at the advertised price within 60 days of issuance or 10 business days from first availability, whichever is later.

  • Raincheck must include issuer information, issuance date, redemption deadline, item description and quantity, advertised price, and a specific statutory notice.

  • Exempts mail order merchandise, one-of-a-kind items clearly marked as such, advertisements stating specific quantity limits, and advertisements explicitly stating no rainchecks available (only if item will not be offered for 120+ days after ad ends).

  • Violations constitute false and misleading advertising practices; retailers must post clear signage indicating where rainchecks can be obtained and notify purchasers within 15 days when advertised merchandise becomes available.

Legislative Description

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.

Last Action

REFERRED TO RULES

6/24/2010

Committee Referrals

Rules6/24/2010
Rules6/21/2010
Codes5/25/2010
Consumer Affairs and Protection4/21/2010

Full Bill Text

No bill text available