N.Y. General Business Law § 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.