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Requires stores to publicly display their return and refund policies, including tracking of returns
(D) 14th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jan 05, 2022 | referred to consumer protection |
| Jan 30, 2021 | referred to consumer protection |
Current Committee: Senate Consumer Protection Law Section: General Business Law Laws Affected: Add §218-b, Gen Bus L Versions Introduced in Other Legislative Sessions: 2019-2020: S5366
2023-2024: S1422
Requires stores to publicly display their return and refund policies, including tracking of returns; failure to display provides buyer with automatic refund or credit.
BILL NUMBER: S3703 SPONSOR: COMRIE TITLE OF BILL: An act to amend the general business law, in relation to public notifi- cation of tracking return policy PURPOSE: While current law mandates only the posting of refund policies to safe- guard consumers' rights, this bill requires stores to publicly post whether the frequency or volume of a buyer's returns are electronically tracked. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill adds § 218-b to the general business law that would require retailers that use electronic systems to record and moni- tor the frequency and volume of a buyer's return or exchange of goods to disclose the use of such systems in a clear and conspicuous manner.
Section two of the bill provides the effective date. JUSTIFICATION: According to news reports certain retail merchant's use high tech track- ing systems that monitor the number of times a customer returns merchan- dise purchased at their stores. Reports also mentioned that based on this tracking, stores have limited the option of returning an item by customers they determined have made returns too frequently. These reports also raised concerns that ordinary everyday customers seeking to return merchandise could lose their ability to do so. While there is no question that retailers face the challenge of prevent- ing various forms of fraud from shoplifters and price switches, honest customers are certainly entitled to know the full return policy of merchants they patronize. This legislation does not seek to hinder the retail industry's efforts to protect against fraud or other abuse of their return policies, but seeks to strengthen state law that protects consumer's rights to return merchandise by requiring full disclosure of the use of return tracking systems. Similar legislation has been intro- duced in neighboring states, and New Yorkers as well as Now York's econ- omy deserve the same protections. PRIOR LEGISLATIVE HISTORY: 2017-2018: A.498 - Third Reading Calendar 2015-2016: A.5039 - Third Reading Calendar 2014: A.3377 - Third Reading Calendar 2013: A.3377 - Referred to Rules 2012: A.3010-A - Referred to Rules 2011: A.3010 - Consumer Affairs and Protection 2009-2010: A.3404 - Consumer Affairs and Protection 2007-2008: A.5255 - Consumer Affairs and Protection 2005-2006: A.6549-B - Consumer Affairs and Protection FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: One hundred eighty days after becoming a law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 3703 2021-2022 Regular Sessions I N S E N A T E January 30, 2021 ___________ 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: Section 1. The general business law is amended by adding a new section 218-b to read as follows: § 218-B. DISCLOSURE; ELECTRONIC TRACKING OF RETURNS OR EXCHANGES. 1. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT UTILIZES AN ELECTRONIC SYSTEM TO RECORD AND MONITOR THE FREQUENCY AND VOLUME OF A BUYER'S RETURN OR EXCHANGE OF GOODS, WARES, OR MERCHANDISE SHALL CONSPICUOUSLY POST, IN THE FOLLOWING MANNER, A NOTICE CLEARLY INDICATING THE USE OF SUCH SYSTEM: (A) ON A LABEL ATTACHED TO THE ITEM ITSELF; OR (B) ON A SIGN AFFIXED TO EACH CASH REGISTER OR POINT OF SALE; OR (C) ON A SIGN SO SITUATED AS TO BE CLEARLY VISIBLE TO THE BUYER FROM THE CASH REGISTER; OR (D) ON A SIGN POSTED AT EACH STORE ENTRANCE USED BY THE PUBLIC. 2. ANY RETAIL MERCANTILE ESTABLISHMENT THAT VIOLATES THIS SECTION SHALL BE LIABLE, FOR A PERIOD OF UP TO TWENTY DAYS FROM THE DATE OF PURCHASE, TO THE BUYER FOR A CASH REFUND OR CREDIT, AT THE BUYER'S OPTION, PROVIDED THAT THE MERCHANDISE HAS NOT BEEN USED OR DAMAGED BY THE BUYER. 3. ANY RETAIL MERCANTILE ESTABLISHMENT THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04262-01-1
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