N.Y. General Business Law Section 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.

Source: Section 391-Q — Rebates, https://www.­nysenate.­gov/legislation/laws/GBS/391-Q (updated Sep. 22, 2014; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 391-Q’s source at nysenate​.gov

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