GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     1

SENATE BILL 1055

Short Title:     Consumers' Rebates Redemption Deadline.		(Public)
Sponsors:	Senators Stevens;  Allran, Apodaca, Atwater, Bingham, Brown, Brunstetter, Cowell, Forrester, Garrou, Goodall, Goss, Malone, Nesbitt, Preston, Purcell, Rand, Smith, Tillman, and Weinstein.
Referred to:	Commerce, Small Business and Entrepreneurship.

March 21, 2007

A BILL TO BE ENTITLED

AN ACT to require rebates to be mailed to consumers within a certain time frame and to require the disclosure of the terms of the rebate offers.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1 of Chapter 75 of the General Statutes is amended by adding a new section to read:

"§ 75‑ 40.  Deadline for mailing consumer rebates.

(a) Any person, firm, or corporation engaged in commerce that offers a rebate shall mail such rebate to the consumer within 30 days of the postmark date of the completed rebate form submitted by the consumer. Rebate forms shall include the terms of the rebate and the expiration date, if applicable, conspicuously printed on the rebate form. As used in this subsection, the term 'rebate' means an offer to return part of a payment, serving as a discount or reduction in the purchase price of the item or service.

(b) A violation of this section is an unfair trade practice under G.S. 75‑1.1 and is subject to all of the enforcement and penalty provisions of an unfair trade practice under this Article."

SECTION 2.  This act becomes effective October 1, 2007, and applies to the sale of goods and services that occur on or after that date.