N.Y. GBS Law § 391-Q — New York Code / Act GBS / Article 26 / Section 391-Q
Rebates
Status: in_force

§ 391-q. Rebates. 1. For the purposes of this section, the term\n"rebate" shall mean an offer to provide cash, credit, or credit towards\nfuture purchases, that is offered to consumers who acquire or purchase a\nspecified product or service and that is conditioned upon the customer\nsubmitting a request for redemption after satisfying the terms and\nconditions of the offer. The term shall not include any discount from\nthe purchase price that is taken at the time of purchase, any discount,\ncash, credit, or credit towards a future purchase that is automatically\nprovided to a consumer without the need to submit a request for\nredemption, or any refund that may be given to a consumer in accordance\nwith a company's return, guarantee, adjustment, or warranty policies, or\nany company's frequent shopper customer reward program.\n  2. (a) Any individual, firm, company, partnership, limited liability\ncompany, corporation or entity offering a consumer rebate shall provide\nthe rebate redemption form directly with the product or at the same\nlocation and at the same time that the consumer purchases the product,\nor at the time a contractual agreement for service is signed by the\nconsumer.\n  (b) Any individual, firm, company, partnership, limited liability\ncompany, corporation or entity that does not provide rebate redemption\nforms directly with its product may comply with this section by\nsupplying the retailer with either of the following: (1) a sufficient\nquantity of rebate redemption forms based on reasonably anticipated\nsales; or (2) the means to create a rebate redemption form prior to or\nat the time and place of sale.\n  (c) For purposes of internet sales, a generally accessible individual,\nfirm, company, partnership, limited liability company, corporation or\nentity internet site that clearly and conspicuously displays the rebate\nredemption form as a printable document on the internet page on which\nthe product is purchased or on an internet page accessible by a\nhyperlink from the page on which the product is purchased shall comply\nwith this section. For purposes of telephone sales, directing consumers\nto a generally accessible individual, firm, company, partnership,\nlimited liability company, corporation or entity internet site that\nclearly and conspicuously displays the rebate redemption form as a\nprintable document on the internet page on which the product is\npurchased or on an internet page accessible by a hyperlink from the page\non which the product is purchased and, upon request, sending the rebate\nredemption form via the consumer's choice of regular or electronic mail\nor telefacsimile shall comply with this section.\n  3. (a) Any individual, firm, company, partnership, limited liability\ncompany, corporation or entity that offers a consumer rebate shall\nconspicuously disclose to the consumer (i) if the rebate will be issued\nto the consumer in any form other than cash or check, including but not\nlimited to credit, credit towards a future purchase, gift certificate,\ngift card, general use prepaid card or any other form of compensation,\nand (ii) whether any additional fees related to the exercise or\nnon-exercise of the rebate may apply.\n  (b) Any retailer advertising a rebate shall clearly disclose whether\nthe rebate will be issued to the consumer in any form other than cash or\ncheck, including but not limited to credit, credit towards a future\npurchase, gift certificate, gift card, general use prepaid card or any\nother form of compensation.\n  (c) Any individual, firm, company, partnership, limited liability\ncompany, corporation or entity that offers a consumer rebate shall allow\na minimum of fourteen days from the date the consumer purchases the\nproduct, or becomes eligible for the rebate upon satisfying the terms\nand conditions of the offer for the submission of a request for\nredemption by the consumer.\n  4. Upon receipt of a request for redemption meeting the terms and\nconditions of the rebate offer, an individual, firm, company,\npartnership, limited liability company, corporation or entity shall mail\nthe rebate or transmit the rebate funds to the consumer within sixty\ndays.\n  5. Any person, firm, corporation or association offering a rebate who\nviolates this section shall be subject to a civil penalty of not less\nthan one hundred dollars nor more than one thousand dollars for each\nsuch violation.\n