BILL NUMBER: SB 1154 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 16, 2004
AMENDED IN SENATE APRIL 12, 2004
INTRODUCED BY Senator Figueroa
JANUARY 27, 2004
An act to add Chapter 23.5 (commencing with Section 22730) to
Division 8 of the Business and Professions Code, relating to consumer
rebates.
LEGISLATIVE COUNSEL'S DIGEST
SB 1154, as amended, Figueroa. Consumer rebates.
Existing law regulates various business activities and practices.
This bill would impose certain requirements on companies and
retailers that offer consumer rebates, including that a company mail
a rebate to a consumer not later than 30 45
days from when the company received the rebate request
the occurrence of specified conditions .
The bill would require a rebate offered directly by a
retailer on a product the retailer sells to be redeemed at the time
of the product's purchase. The bill would
require, with an exception, specify the information
that may be required from a consumer by a company that offers a
rebate to accept as valid proof of purchase a copy of the
receipt for the purchase of the product . The bill would
exempt from its provisions rebates offered by a gas or electric
corporation through its energy efficiency program. The bill's
provisions would become operative on July 1, 2005.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 23.5 (commencing with Section 22730) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 23.5. CONSUMER REBATES
22730. (a) Except as specified in subdivision (b), a copy of a
receipt for the purchase of a product sent to a company offering a
rebate shall be sufficient proof of purchase for a rebate request.
The company shall have the right to reject a rebate request based
upon a copy of a receipt only if the company has a reasonable belief
that the consumer submitting the rebate request is attempting to
commit fraud or has already received the offered rebate.
(b) A company may require an original receipt as proof of purchase
only if it has an agreement with its retailers to provide consumers
with a duplicate original receipt for the product for which the
rebate is offered.
22730. As used in this chapter, "consumer rebate" shall mean
cash, credit, or credit towards future purchases, that is offered to
consumers who acquire or purchase products or services and that is
contingent upon the purchase or acquisition. "Consumer rebate" shall
not include any discount from the purchase price that is taken at
the time of purchase or any refund that may be given to a consumer in
accordance with a company's return or warranty policies.
22731. A (a) A company shall not require
a consumer to provide more than the following as proof of purchase
for purposes of redeeming a consumer rebate:
(1) A receipt for the purchase of the product or services.
(2) A universal product code or packaging element that is clearly
and conspicuously marked as the necessary proof of purchase for the
rebate offer.
(3) The name of the consumer.
(4) The address of the consumer.
(5) The consumer's telephone number.
(6) The consumer's membership number, if applicable.
(7) The consumer's signature.
(b) For purposes of paragraph (1) of subdivision (a), a copy of
the receipt shall be sufficient unless the consumer is provided with
a duplicate original receipt for each product associated with a
rebate, in which case the duplicate original may be required.
22732. (a) Except as provided in subdivision (b), a rebate
offer shall conspicuously disclose a telephone number on the rebate
form that a consumer may call to check the status of his or her
rebate request.
22732. A rebate offered directly by a retailer on a product the
retailer sells shall be redeemed at the time of the product's
purchase.
(b) For purchases of a company's product that occur over a Web
site operated or maintained by that company, a Web site or other
electronic means may be provided instead of the telephone number to
check the status of his or her rebate.
22733. A company may require the consumer to write the model
number or other identifying number on the rebate form only if the
receipt does not reveal the product name, type, model, or other
identifying number.
22734. A company that offers a rebate shall allow at least
60 days from the time of purchase 45 days
from the date the consumer becomes eligible for the rebate for
the rebate request to be submitted by the consumer.
22735. Upon receipt of a valid rebate request, a company shall
mail the rebate check not later than 30 days from the date the
company receives the rebate request.
22735. Companies shall mail the rebate check or transmit the
rebate funds or fulfill the terms of the rebate offer no later than
45 days from either of the following events as applicable:
(a) Upon receipt of a rebate request meeting the terms and
conditions of the rebate offer, to the extent permitted by this
chapter and as disclosed at the time of purchase.
(b) If the rebate offer is conditioned upon a consumer staying
with a service contract for a minimum length of time, then upon
completion of this term of the rebate offer and receipt of a rebate
request meeting the terms and conditions for the rebate to the extent
permitted by this chapter and as disclosed at the time of purchase.
22736. (a) A company offering a rebate shall not
require personal information other than the consumer's name, address,
and home phone number. telephone number,
membership number if applicable, and signature.
(b) A company may require, instead of a telephone number, a
consumer's e-mail address with respect to products purchased over the
Internet, Internet-based services, or Internet rebate redemptions.
22737. A company offering a rebate shall provide a
the rebate redemption form directly
with the product, or at the time and place
same location and at the same time that the consumer purchases
the product. For purposes of Internet sales, a generally
accessible company Web page, including a rebate form thereon, shall
comply with this section. For purposes of telephone sales, directing
consumers to a generally accessible company Web page, including the
rebate form, and, upon request, sending the rebate form via the
consumer's choice of regular or electronic mail or telecopy shall
comply with this section.
22738. The provisions of this chapter do not apply to rebates and
rebate programs that are offered by gas or electric corporations
through their energy efficiency programs under the jurisdiction of
the Public Utilities Commission.
22739. This chapter shall become operative on July 1, 2005.
Nothing in this chapter shall impose on any manufacturer any
obligation to recall any product or service offering consumer rebates
shipped to retail sales outlets or consumers prior to the operative
date of this chapter. Any rebate offer in effect prior to operative
date of this chapter shall be deemed to be in compliance with this
chapter.