H-4175              _______________________________________________

                                                   HOUSE BILL NO. 1524

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Cole, Prince, Jacobsen, Fisher, Holm, P. King, Basich, Valle, Lux, Locke, Brough, Winsley, Hankins and Rasmussen

Read first time 1/18/88 and referred to Committee on Commerce & Labor.

AN ACT Relating to manufacturer 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.     The definitions in this section apply throughout this chapter.

          (1) "Consumer" means a natural person who purchases or contracts to purchase consumer goods.

          (2) "Consumer goods" means any objects, wares, commodities, or services offered for sale and intended to be used by consumers for personal, family, or household purposes.

          (3) "Manufacturer rebate" means an offer or promise that a manufacturer or distributor will refund to a consumer all or a portion of the price paid by the consumer for the purchase of consumer goods.

NEW SECTION. Sec. 2.     A retailer advertising by newspaper advertisement, circular, television or radio announcement, in-store promotion, or by other means the availability of a manufacturer rebate shall either (1) pay the amount of the rebate to the consumer at the time of sale, or (2) have available for the consumer at the time of advertisement and promotion the appropriate manufacturer's rebate form and shall display, in prominent type in close proximity to the goods to which the manufacturer rebate pertains, all requirements for receiving the rebate and the location within the store for the consumer to obtain the forms.

NEW SECTION. Sec. 3.     A retailer shall not advertise a manufacturer rebate if the rebate offer has expired or will expire before the consumer can reasonably obtain the rebate.

NEW SECTION. Sec. 4.     A violation of this chapter constitutes an unfair or deceptive trade practice affecting the public interest under chapter 19.86 RCW.  If a court finds that a retailer has violated this chapter, it shall award the consumer not less than one hundred dollars.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6.     Sections 1 through 4 of this act shall constitute a new chapter in Title 19 RCW.