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