Bill Text: NY A01498 | 2019-2020 | General Assembly | Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2020-02-27 - advanced to third reading cal.417 [A01498 Detail]

Download: New_York-2019-A01498-Introduced.html

                STATE OF NEW YORK
            S. 1711                                                  A. 1498
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    January 15, 2019
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee on Consumer
        IN ASSEMBLY -- Introduced by M. of A. GALEF, L. ROSENTHAL,  ENGLEBRIGHT,
          WEPRIN,  SEAWRIGHT  --  read  once  and  referred  to the Committee 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:
     1    Section 1. The general business law is amended by adding a new section
     2  397-b to read as follows:
     3    § 397-b. Availability for sale of  advertised  merchandise.    1.    A
     4  retailer  who  advertises  an article of merchandise for sale at a price
     5  which is reduced, in good faith, to a price below the price  such  arti-
     6  cles are usually sold or offered for sale for in the store, and does not
     7  have  such  article available throughout the advertised period shall, on
     8  the request of a purchaser of such article, offer to issue  a  raincheck
     9  unless one or more of the following situations exists:
    10    (a)    The advertisement is made in relation to mail order merchandise
    11  as regulated by section three hundred ninety-six-m of this article.
    12    (b)  The advertisement is of an article that is one of a kind and  the
    13  advertisement clearly and conspicuously states such fact.
    14    (c)    The advertisement clearly and conspicuously states the specific
    15  quantity of the article available at the outset of the sale.
    16    (d)  The advertisement clearly and conspicuously states that  a  rain-
    17  check  is not available.  This exclusion may only be used if the article
    18  will not be offered for sale for at least one hundred twenty  days  from
    19  the expiration date of the advertisement.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1711                             2                            A. 1498
     1    (e)  Products defined in subdivision three of section two of the agri-
     2  culture and markets law shall be excluded from the  provisions  of  this
     3  section, provided, however, that any retailer offering for sale or sell-
     4  ing such products may issue rainchecks pursuant to this section.
     5    2.    A  raincheck  issued pursuant to subdivision one of this section
     6  shall entitle the holder to purchase, at the store  issuing  such  rain-
     7  check,  the advertised article at the advertised price within sixty days
     8  from the date of issuance or for a period of ten business days from  the
     9  first date of availability of the article, whichever shall be later.
    10    The  issuance  of  such raincheck shall constitute an agreement on the
    11  part of the seller to supply  such  article  at  such  price.    Nothing
    12  contained herein shall prohibit a seller from offering a similar article
    13  of  equal  or  greater  value  either  during the period covered by such
    14  advertisement of the article or within sixty days from the date of issu-
    15  ance of the raincheck, or the seller  and  purchaser  from  agreeing  to
    16  lengthen  the  redemption  period  of  such  raincheck. If the purchaser
    17  accepts substitution, such substitution shall constitute compliance with
    18  the provisions of subdivision one of this section.
    19    3.  The raincheck shall include at least the following information:
    20    (a)  Name, address and telephone number of the issuer.
    21    (b)  Date of issuance.
    22    (c)  Last date that the raincheck can be redeemed.
    23    (d)  Name, description and quantity desired of the article.
    24    (e)  The advertised price.
    25    4.  The raincheck shall contain the following notice:
    26    You may redeem this raincheck for the advertised item described on the
    27  other side within sixty days of issuance or for a period of ten business
    28  days from the first date of availability of the item, whichever shall be
    29  later.
    30    You will pay only the advertised price for the item.
    31    You are under no obligation to buy the item.
    32    5. It shall be an affirmative defense to an alleged violation of  this
    33  section  that  the  seller  was  unable  to honor a raincheck within the
    34  redemption period because such seller did not receive a reorder  of  the
    35  advertised  article  from  a  supplier  through  no  fault of the seller
    36  provided, however, that the seller must maintain records  sufficient  to
    37  show  that the advertised sale items were reordered in adequate time for
    38  delivery and in sufficient quantity to fulfill raincheck obligations.
    39    6. This section shall not apply to a purchase for resale.
    40    7. Nothing in this section shall be construed to  relieve  the  seller
    41  from  any other provision of law prohibiting the advertising of goods or
    42  services with the intent not to meet reasonably expected demand.
    43    8. No purchaser shall be required to prepay the purchase price or  any
    44  part thereof in order to obtain a raincheck.
    45    9. Nothing in this section shall be construed to restrict the power of
    46  any  county, city, town or village to adopt and enforce additional local
    47  laws, ordinances, or regulations which  exceed  the  minimum  applicable
    48  standards in this section.
    49    § 2. This act shall take effect on the one hundred eightieth day after
    50  it shall have become a law.