New York 2025-2026 Regular Session

New York Assembly Bill A03881

Introduced
1/30/25  
Refer
1/30/25  

Caption

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.

Summary

Bill A03881 amends the general business law to require retailers to disclose their raincheck policies for advertised merchandise that is not available during the advertised period. It mandates that retailers who issue rainchecks must clearly post their policies in visible locations, on their websites, and in advertisements. The bill outlines the necessary information that must be included in both the posted policy and the raincheck itself, such as the retailer's contact information and the terms of redemption.

Impact

The bill will impact state laws by establishing clear requirements for how retailers must handle rainchecks, thereby enhancing consumer protection. Retailers will be legally obligated to honor rainchecks for a period of sixty days, and failure to comply can result in civil penalties. This legislation aims to ensure that consumers are not misled by advertisements and can expect to purchase items at the advertised price even if they are initially unavailable.

Sentiment

The general sentiment around Bill A03881 appears to be supportive among consumer advocacy groups, as it aims to protect consumers from misleading advertising practices. However, there may be concerns from retailers about the potential administrative burden and compliance costs associated with the new requirements.

Contention

Notable points of contention may arise from retailers who argue that the requirements could be overly burdensome and may not account for supply chain issues that prevent them from fulfilling rainchecks. Additionally, there may be differing opinions on the adequacy of the penalties for non-compliance and whether they are sufficient to deter violations.

Companion Bills

NY S04687

Same As 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.

Previously Filed As

NY S04687

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.

NY A1158

Requires issuance of raincheck for unavailable good or service advertised by digital coupon.

NY S2142

Requires issuance of raincheck for unavailable good or service advertised by digital coupon.

NY S2126

Requires disclosure of usual and customary price for merchandise offered in certain advertisements.

NY A1922

Requires disclosure of usual and customary price for merchandise offered in certain advertisements.

NY HB518

Streaming advertisement volume control; definitions, volume of advertisements, civil penalties.

NY S0408

Advertisement of a Harmful Vaccine

NY HB2670

Prohibiting video streaming services from transmitting commercial advertisements with the audio louder than that of the main video streaming content in which such advertisement is placed.

NY SB639

Garrett County - Bids and Contracts - Advertisement Exceptions

NY SB406

Political campaign advertisements; advertisements sponsored by a person or nonparty committee.

Similar Bills

NJ S2142

Requires issuance of raincheck for unavailable good or service advertised by digital coupon.

NJ A1158

Requires issuance of raincheck for unavailable good or service advertised by digital coupon.

HI HB2391

Relating To Taxation.

CA SB1050

False advertising: synthetic performers.

CA AB2717

Outdoor advertising displays: arenas: exemptions.

CA SB783

Outdoor advertising displays: redevelopment agency project areas.

CA AB840

Outdoor advertising displays: redevelopment agency project areas.

HI SB2733

Relating To Liquor.