Bill Text: MA H321 | 2009-2010 | 186th General Court | Introduced
Bill Title: Further regulate consumer rebates on certain purchases
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 9/23 at 10:00 AM in Room 437 [H321 Detail]
Download: Massachusetts-2009-H321-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Steven M. Walsh
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To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
��������������� Court assembled:
��������������� The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Relative to Consumer Rebates.
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PETITION OF:
|
Name: |
District/Address: |
|
Steven M. Walsh |
11th Essex |
|
Thomas P. Kennedy |
Second Plymouth and Bristol |
|
Jennifer M. Callahan |
18th Worcester |
|
Denise Provost |
27th Middlesex |
|
John D. Keenan |
7th Essex |
|
Karen E. Spilka |
Second Middlesex and Norfolk |
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act Relative to Consumer Rebates.
��������������� Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same, as follows:
�Chapter 93A of the Massachusetts General Laws, is hereby amended by
inserting at the end thereof the following section:
Section 12. In addition to the foregoing sections, it shall be an unfair method
of competition and a deceptive act or practice to engage in the following:
(A) Advertising for sale at a retail establishment the availability of a
manufacturer�s rebate by displaying the net price of the advertised item,
without disclosing the actual selling price in the same font and size as the
net price and without providing clear and conspicuous notice in the
advertisement that a mail-in rebate is required to achieve the net price,
unless the amount of the manufacturer�s rebate is fully discounted from the
actual selling price at the point of sale. It shall be the retailer�s burden to
redeem the rebate offered to the consumer.
(B)� Refusing to accept a photocopy or other reasonable facsimile of an
original sales receipt when the consumer is redeeming a rebate and/or failing
to give the consumer at least thirty days from the date of purchase to submit
applicable documents for the rebate.� Rebate documents shall be considered
submitted the date they are postmarked if submitted by mail, or the date they
are received by the manufacturer if submitted by telephone, internet or other
means of transmission.
(C) Any person, firm, corporation or association who violates this section
(Section 12) shall be subject to a civil fine of no greater than five hundred
dollars per violation.
(D) Definitions. As Used in this section:
i. �Rebate� means the return to a purchaser of any portion of the purchase
price, which serves as a discount or reduction in price.
�iii."Actual selling price" refers
to the price the consumer would have paid in the absence of a rebate.
iii. Net price means the price of the item after the rebate has been deducted
from the item�s actual selling price.
iv. Clear and Conspicuous� means that the material
representation being disclosed is of such size, color, contrast or audibility
and is so presented as to be readily noticed and understood by a reasonable
person to whom it is being disclosed.
V. Redeem means to fulfill, to make good or to meet the requirements of.
(E) This Section shall take effect on the first date of January next succeeding the date of passage.���
