2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 391-Q - Rebates.

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