BILL NUMBER: SB 1154 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2004
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 45 days from the
occurrence of specified conditions allow a minimum of
30 days for a consumer to submit a rebate request. The bill would
require a company to mail a rebate check within a specified time
period . The bill would specify the information that may be
required from a consumer by a company that offers a rebate. The bill
would exempt from its provisions rebates offered by a gas or
electric corporation or a local publicly owned electric utility
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. 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 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.
(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 45 days from the date the consumer becomes eligible for the
rebate for the rebate request to be submitted by the consumer.
a minimum of 30 days from the date the consumer
purchases the product, or becomes eligible for the rebate pursuant to
subdivision (b) of Section 22735, for the consumer to submit the
rebate request.
22735. Companies A company shall
mail the rebate check or transmit the rebate funds to the
consumer or fulfill the terms of the rebate offer no
later than 45 within the same number of days provided
to the consumer to submit the rebate request pursuant to Section
22734, but in no event later than 60 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, 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) A company offering a 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. For
(b) If a retailer sells a product on which a company offers a
rebate, the company shall supply the retailer with either of the
following:
(1) A sufficient quantity of rebate redemption forms based on
reasonably anticipated sales.
(2) The means to create a rebate redemption form at the time and
place of sale.
(c) 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 either of the following:
(a) 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.
(b) Rebates and rebate programs that are offered by local publicly
owned electric utilities, as defined in Section 9604 of the Public
Utilities Code, through their energy efficiency programs funded
pursuant to Section 385 of the Public Utilities Code.
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.