Passed by the Senate April 21, 2009 YEAS 48   ________________________________________ President of the Senate Passed by the House April 7, 2009 YEAS 98   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5978 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/25/09.
AN ACT Relating to consumer rebates; and adding a new chapter to Title 19 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 As used in this chapter:
(1) "Person" has the same meaning as in RCW 19.86.010.
(2) "Rebate" means an offer to provide cash, credit, or credit
towards future purchases, that is offered to consumers who acquire or
purchase a specified product or service and that is conditioned upon
the customer submitting a request for redemption after satisfying the
terms and conditions of the offer. "Rebate" does not include: Any
discount from the purchase price that is taken at the time of purchase;
any discount, cash, credit, or credit towards a future purchase that is
automatically provided to a consumer without the need to submit a
request for redemption; or any refund that may be given to a consumer
in accordance with a company's return, guarantee, adjustment, or
warranty policies, or any company's frequent shopper customer reward
program.
NEW SECTION. Sec. 2 (1) Any person who offers a consumer rebate
shall allow a minimum of fourteen days from the date the consumer
purchases the product, or becomes eligible for the rebate upon
satisfying the terms and conditions of the offer, for the submission of
a request for redemption by the customer.
(2) Upon receipt of a request for redemption meeting the terms and
conditions of the rebate offer, the person offering the rebate shall
transmit the rebate funds to the consumer within ninety days.
(3) If a rebate is sent to a consumer as a check, the check must be
mailed in a manner that identifies the piece of mail as the expected
rebate check.
(4) This section applies only to the person offering the rebate,
which is the person who provides the cash, credit, or credit towards
future purchases to the consumer. This section does not apply to a
person who processes a rebate or who provides consumers with
instructions or materials related to a rebate.
NEW SECTION. Sec. 3 The legislature finds that the practices
covered by this chapter are matters vitally affecting the public
interest for the purpose of applying the consumer protection act,
chapter 19.86 RCW. A violation of this chapter is not reasonable in
relation to the development and preservation of business and is an
unfair or deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act,
chapter 19.86 RCW.
NEW SECTION. Sec. 4 Sections 1 through 3 of this act constitute
a new chapter in Title