A 3881: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 3881 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. ALVAREZ -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to disclosure of raincheck policies for certain advertised merchandise The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 397-c to read as follows: 3 § 397-c. Disclosure of raincheck policy. 1. For the purposes of this 4 section, the term "raincheck" shall mean a written statement issued by a 5 retailer allowing the purchase of designated merchandise at a previously 6 advertised price. 7 2. A retailer who has adopted as a policy the issuance of rainchecks 8 to consumers for sale of advertised merchandise not available throughout 9 the advertised period shall, clearly and conspicuously post its rain- 10 check policy: 11 (a) in close proximity to the cash register or so situated as to be 12 clearly visible to the buyer at the point of sale; 13 (b) on its website; and 14 (c) in any online or printed advertisements. 15 3. Any raincheck policy adopted and posted by a retailer shall 16 include, but not be limited to, the following information: 17 (a) name, address, and telephone number of the retailer; 18 (b) retailer's website and e-mail address; 19 (c) a statement that reads "any raincheck issued for an advertised 20 item will be honored for sixty days after issuance". 21 4. Any raincheck issued under a policy adopted by a retailer shall 22 include at least the following information: 23 (a) name, address, and telephone number of the issuer; 24 (b) date of issuance; 25 (c) last date that the raincheck can be redeemed; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01415-01-5 
 A. 3881 2 1 (d) name, description and quantity desired of the article; and 2 (e) the advertised price. 3 5. The raincheck issued shall contain the following notice: 4 "You may redeem this raincheck for the advertised item described on 5 the other side within sixty days of issuance. 6 You will pay only the advertised price for the item. 7 You are under no obligation to buy the item." 8 6. It shall be unlawful for any retailer who provides a raincheck for 9 any advertised merchandise which is not available for immediate purchase 10 to fail to: 11 (a) clearly and conspicuously post its raincheck policy in accordance 12 with the requirements of subdivision two of this section; 13 (b) honor or satisfy the raincheck within sixty days from the date of 14 issuance, provided that after a good faith effort a retailer cannot 15 procure the advertised merchandise within the sixty day period, the 16 retailer may offer the holder a substantially similar article of the 17 same kind, quality, and price of the original advertised merchandise; or 18 (c) give written notice via mail or e-mail or notice by phone to the 19 holder of any raincheck when the merchandise is available and inform the 20 holder of the raincheck that the advertised merchandise will be held for 21 a period of no less than ten days from the date of notification, or to 22 the end of the sixty day period for which the raincheck is valid, which- 23 ever is longer. 24 7. It shall be an affirmative defense to an alleged violation of this 25 section that the seller was unable to honor a raincheck within the 26 redemption period because such seller did not receive a reorder of the 27 advertised article from a supplier through no fault of the seller 28 provided, however, that the seller must maintain records sufficient to 29 show that the advertised sale items were reordered in adequate time for 30 delivery and in sufficient quantity to fulfill raincheck obligations. 31 8. A violation of this section shall be punishable by a civil penalty 32 not to exceed two hundred fifty dollars. 33 9. This section shall not apply to a purchase for resale. 34 10. Nothing in this section shall be construed to relieve the seller 35 from any other provision of law prohibiting the advertising of goods or 36 services with the intent not to meet reasonably expected demand. 37 11. No purchaser shall be required to prepay the purchase price or any 38 part thereof in order to obtain a raincheck. 39 12. Nothing in this section shall be construed to restrict the power 40 of any county, city, town or village to adopt and enforce additional 41 local laws, ordinances, or regulations which exceed the minimum applica- 42 ble standards in this section. 43 § 2. This act shall take effect on the one hundred eightieth day after 44 it shall have become a law.