Requires advertisements of a discounted price of a good or service have such price be actually discounted from a bona fide regular price
Summary
A10069 would amend New York’s General Business Law to tighten the rules governing advertised discounts. The bill defines “discounted price” as a temporary or conditional reduced price and “bona fide regular price” as an actual price at which the good or service was openly available for a reasonably substantial period. It then makes it false advertising to claim that a price is discounted unless the advertised reduction is measured against that bona fide regular price.
The bill also prohibits advertisers from stating the amount or percentage of a reduction, or from showing a prior price, unless those figures are based on the bona fide regular price. In effect, it is aimed at preventing inflated “was/now” pricing, misleading percentage-off claims, and other discount marketing practices that do not reflect a real prior selling price. The bill excludes clearance sales, liquidation sales, discontinued product sales, and similar promotions from these requirements.
If enacted, the measure would expand the scope of New York’s false advertising law by adding a specific rule for discount pricing claims in print and broadcast advertising. It would affect retailers, service providers, and advertisers that use promotional pricing, and could create enforcement exposure under consumer protection law for businesses that advertise artificial markdowns or reference prices not actually offered for a substantial period.
Because there were no committee transcripts or recorded votes provided, the available record does not show detailed debate or formal support/opposition. Based on the bill text and caption, the measure appears consumer-protection oriented and likely intended to curb deceptive pricing practices, with the main policy tension being between stronger anti-fraud protections for consumers and flexibility for businesses in structuring promotions and sales advertising.
Impact
The bill would add a new subdivision to section 350-a of the General Business Law, expanding New York’s false advertising provisions to cover discount-pricing claims. It would require that any advertised discount, prior price, or percentage-off claim be tied to a bona fide regular price, while carving out clearance, liquidation, and discontinued-product sales. Businesses engaged in retail or service advertising would need to ensure promotional pricing practices comply with the new standard, or risk false advertising liability.
Sentiment
No committee discussion or votes were provided, so there is no recorded legislative sentiment from debate or roll call. The bill’s caption and text suggest a consumer-protection purpose, indicating likely favorable treatment among lawmakers concerned with deceptive pricing, but the record does not show whether the measure had any organized support or opposition at this stage.
Contention
The principal policy issue is whether discount advertising should be tightly regulated to prevent misleading “fake sale” pricing. Consumer advocates would likely support the bill’s requirement that discounts be based on a real, previously offered regular price, while retailers and advertisers may object that the standard could limit common promotional practices or create compliance burdens. The bill addresses this by exempting clearance, liquidation, and discontinued-product promotions, but the scope of what counts as a “reasonably substantial period” for a bona fide regular price could still be a point of dispute.