New York A 3881: Provides respondents the option to repay a court ordered refund in installments of no more than five years

Bill Text

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A03881 Summary:

BILL NOA03881 

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SAME ASSAME AS S04687

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SPONSORAlvarez

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COSPNSRSantabarbara, Colton

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MLTSPNSRDavila

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Add §397-b, Gen Bus L

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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.

Go to top A03881 Actions:

BILL NOA03881 

&nbsp

01/30/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA03881 Committee&nbspVotes:

Go to topA03881 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03881 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3881

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
 tee on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to disclosure of
 raincheck policies for certain 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-c to read as follows:
 3 § 397-c. Disclosure of raincheck policy. 1. For the purposes of this
 4 section, the term "raincheck" shall mean a written statement issued by a
 5 retailer allowing the purchase of designated merchandise at a previously
 6 advertised price.
 7 2. A retailer who has adopted as a policy the issuance of rainchecks
 8 to consumers for sale of advertised merchandise not available throughout
 9 the advertised period shall, clearly and conspicuously post its rain-
 10 check policy:
 11 (a) in close proximity to the cash register or so situated as to be
 12 clearly visible to the buyer at the point of sale;
 13 (b) on its website; and
 14 (c) in any online or printed advertisements.
 15 3. Any raincheck policy adopted and posted by a retailer shall
 16 include, but not be limited to, the following information:
 17 (a) name, address, and telephone number of the retailer;
 18 (b) retailer's website and e-mail address;
 19 (c) a statement that reads "any raincheck issued for an advertised
 20 item will be honored for sixty days after issuance".
 21 4. Any raincheck issued under a policy adopted by a retailer shall
 22 include at least the following information:
 23 (a) name, address, and telephone number of the issuer;
 24 (b) date of issuance;
 25 (c) last date that the raincheck can be redeemed;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01415-01-5

 A. 3881 2

 1 (d) name, description and quantity desired of the article; and
 2 (e) the advertised price.
 3 5. The raincheck issued shall contain the following notice:
 4 "You may redeem this raincheck for the advertised item described on
 5 the other side within sixty days of issuance.
 6 You will pay only the advertised price for the item.
 7 You are under no obligation to buy the item."
 8 6. It shall be unlawful for any retailer who provides a raincheck for
 9 any advertised merchandise which is not available for immediate purchase
 10 to fail to:
 11 (a) clearly and conspicuously post its raincheck policy in accordance
 12 with the requirements of subdivision two of this section;
 13 (b) honor or satisfy the raincheck within sixty days from the date of
 14 issuance, provided that after a good faith effort a retailer cannot
 15 procure the advertised merchandise within the sixty day period, the
 16 retailer may offer the holder a substantially similar article of the
 17 same kind, quality, and price of the original advertised merchandise; or
 18 (c) give written notice via mail or e-mail or notice by phone to the
 19 holder of any raincheck when the merchandise is available and inform the
 20 holder of the raincheck that the advertised merchandise will be held for
 21 a period of no less than ten days from the date of notification, or to
 22 the end of the sixty day period for which the raincheck is valid, which-
 23 ever is longer.
 24 7. It shall be an a