PETITION OF:

By Mr. Walsh of Lynn, petition (accompanied by bill, House, No. 345) of Steven M. Walsh and others relative to consumer rebates. Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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PETITION OF:

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In the Year Two Thousand and Seven.

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An Act relative to consumer rebates.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 14E of Chapter 93 of the Massachusetts General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting at the end thereof the following sections:-

(i) The term “rebate” means the return of a payment or a partial payment, which serves as a discount or reduction in price

(j) The term “unfair or deceptive acts or practices" means the following:

(a) Advertising for sale at a retail establishment the availability of a manufacturer's rebate by displaying the net price of the advertised item (the price of the item after the rebate has been deducted from the item's price) in the advertisement, unless the amount of the manufacturer's rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item. It shall be the retailer's burden to redeem the rebate offered to the consumer by the manufacturer.

(b) Refusing to accept a photocopy or other reasonable facsimile of an original sales receipt when the consumer is redeeming a rebate.

Section 14F of Chapter 93 of the Massachusetts General Laws, as appearing in the Official 2004 Edition, is hereby amended by inserting at the end thereof the following:-

Any retailer who is selling a retail product that has a manufacturers rebate available must provide the full rebate at the point of sale and complete the rebate redemption on premises. Retailers engaging in unfair or deceptive acts or practices are subject to a fine of not more than five hundred dollars.