2006 New York Code - Rebates.



 
    * §  391-p.  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.
    (b)  Any  individual,  firm,  company,  partnership, limited liability
  company, corporation or  entity  that  does  not  provide  rebate  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, including a rebate form thereon, 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, including the
  rebate form,  and,  upon  request,  sending  the  rebate  form  via  the
  consumer's  choice  of regular or electronic mail or telefacsimile shall
  comply with this section.
    3. 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 check 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.
    * NB There are 2 § 391-p's

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