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
S04687 would add a new section to the General Business Law requiring retailers that choose to offer rainchecks for advertised merchandise to clearly disclose their raincheck policies. The bill defines a raincheck and requires posted notice at the point of sale, on the retailer’s website, and in online or printed advertisements. The posted policy must include the retailer’s contact information and a statement that any raincheck issued for an advertised item will be honored for sixty days.
The bill also sets minimum contents for each raincheck, including the issuer’s contact information, the issue date, redemption deadline, item description and quantity, and the advertised price. It requires a notice explaining that the consumer may redeem the raincheck within sixty days, pay only the advertised price, and is not obligated to buy the item. Retailers must honor the raincheck within sixty days, or, if they cannot obtain the item after a good-faith effort, may offer a substantially similar item of the same kind, quality, and price. They must also notify the holder when the merchandise becomes available and hold it for at least ten days, or until the raincheck expires if longer.
Impact
The bill would create a new consumer-protection requirement in New York for retailers that use rainchecks, making disclosure and fulfillment rules more specific and enforceable under the General Business Law. It would impose a civil penalty of up to $250 for violations, while also preserving existing laws against deceptive advertising and allowing local governments to adopt stricter standards. The bill would not apply to purchases for resale and would prohibit requiring prepayment to obtain a raincheck.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a consumer-protection bill with a straightforward regulatory purpose. Its provisions suggest support for clearer retail practices and stronger consumer notice rights. No formal opposition, amendments, or divided vote history is available in the provided materials.
Contention
The main potential points of contention are the compliance burden on retailers and the mandatory sixty-day honor period for rainchecks. Retailers may object to the requirement to post policies in multiple locations, include specific language, maintain records, and provide notice when merchandise becomes available. The bill does include an exception when a supplier fails to provide reordered merchandise through no fault of the seller, but that defense requires recordkeeping and may still be disputed in practice. Consumers and advocates would likely favor the bill’s clearer disclosure and enforcement rules, while retailers may be concerned about operational flexibility and liability.
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.
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.
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.