Bill Text: NY S05366 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires stores to publicly display their return and refund policies, including tracking of returns; failure to display provides buyer with automatic refund or credit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to codes [S05366 Detail]

Download: New_York-2019-S05366-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5366
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 29, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to public  notifi-
          cation of tracking return policy
          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  218-b to read as follows:
     3    § 218-b. Disclosure; electronic tracking of returns or  exchanges.  1.
     4  Every retail mercantile establishment that utilizes an electronic system
     5  to  record  and  monitor the frequency and volume of a buyer's return or
     6  exchange of goods, wares, or merchandise shall  conspicuously  post,  in
     7  the  following  manner,  a  notice  clearly  indicating  the use of such
     8  system:
     9    (a) on a label attached to the item itself; or
    10    (b) on a sign affixed to each cash register or point of sale; or
    11    (c) on a sign so situated as to be clearly visible to the  buyer  from
    12  the cash register; or
    13    (d) on a sign posted at each store entrance used by the public.
    14    2.  Any  retail  mercantile  establishment  that violates this section
    15  shall be liable, for a period of up to twenty  days  from  the  date  of
    16  purchase,  to  the  buyer  for  a  cash refund or credit, at the buyer's
    17  option, provided that the merchandise has not been used  or  damaged  by
    18  the buyer.
    19    3.  Any  retail  mercantile  establishment  that violates this section
    20  shall be subject to a civil penalty of not less than one hundred dollars
    21  nor more than five hundred dollars for each violation.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02572-01-9