BILL REQ. #:  S-3765.1 

Read first time 01/09/2006.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.

     AN ACT Relating to requiring businesses to offer rain checks for out of stock advertised merchandise; and adding a new section to chapter 19.86 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 19.86 RCW to read as follows:
     (1) No person may sell, offer for sale, or advertise items of merchandise for sale at a discount from the normal retail price without offering a rain check for sale items that become out of stock during an advertised sale period unless: (a) All advertisements for sale clearly indicate the quantity of items available at the sale price and clearly state that no rain checks are offered; or (b) a customer accepts a comparable discount on a comparable item.
     (2) No person may offer a retail promotional giveaway of items of merchandise without offering a rain check for promotional items that become out of stock during an advertised sale period unless: (a) All advertisements for the promotional giveaway clearly indicate the quantity of items available and clearly state that no rain checks are offered; or (b) a customer accepts a comparable item.
     (3) A rain check must be redeemable by the retailer for a period of thirty days from the date of issue.