CHAPTER 735c
REFUND, EXCHANGE AND DISCOUNT
POLICIES AND PRACTICES

Table of Contents

Sec. 42-110aa. Refund and exchange policies, generally.
Secs. 42-110bb to 42-110kk.
Sec. 42-110ll. Disclosure of retail discounts offered to senior citizens. Penalty.

      Sec. 42-110aa. Refund and exchange policies, generally. (a) Refusal to accept returns prohibited. Use of electronic monitoring system. No person engaged in trade or commerce in this state, upon the return of goods purchased from such person's place of business, shall refuse to accept the returned goods immediately and issue the individual returning such goods either a cash or credit refund of the purchase price or credit towards the purchase of another item offered for sale at such person's place of business, provided such return is made within the period of time established by such person for the acceptance of returned goods and provided further, such goods are returned in a manner consistent with such person's conspicuously posted refund or exchange policy. Any such person that utilizes an electronic system to record, monitor and limit the number or total dollar value of returns made by a consumer shall clearly indicate the use of such system within such person's conspicuously posted refund or exchange policy.

      (b) Notice of termination of right to return goods. Any person that utilizes an electronic system to record, monitor and limit the number or total dollar value of returns made by a consumer shall, prior to terminating the right of any such consumer to return goods at such person's place of business pursuant to any such limitation, provide written notice to such consumer that indicates such termination. Such termination notice shall not affect such consumer's right to return any goods purchased by such consumer or purchased for the benefit of such consumer prior to the date of such notice, if such consumer has a valid receipt evidencing a purchase date for such goods that is prior to the date such consumer receives such notice. Any such notice that is mailed to the last known address of such consumer or to the address of such consumer that is obtained through reasonably available public records shall be deemed to comply with the notification requirements of this subsection.

      (c) Extension of time for accepting returned goods permitted. This section shall not be construed to prohibit any person engaged in trade or commerce in this state from extending the period of time during which such person will accept the return of goods purchased from such person's place of business.

      (d) Exemptions. This section does not apply to perishable goods, including readily perishable foods and beverages, or goods clearly marked as nonreturnable pursuant to such person's conspicuously posted refund or exchange policy.

      (e) Violation deemed unfair trade practice. Any violation of the provisions of subsection (a) of this section shall constitute an unfair trade practice for purposes of section 42-110b.

      (P.A. 99-274, S. 1; P.A. 05-138, S. 1; P.A. 07-150, S. 1.)

      History: P.A. 05-138 amended Subsec. (a) to delete provision re unfair trade practice, make conforming changes and require clear indication of the use of an electronic system to record, monitor and limit the number or total dollar value of returns within posted refund or exchange policy, added new Subsec. (b) requiring written notice to the consumer prior to terminating the consumer's right to return goods when using such electronic system, redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d) and added Subsec. (e) re violation of Subsec. (a) constituting an unfair trade practice, effective January 1, 2006; P.A. 07-150 added "if such consumer has a valid receipt evidencing a purchase date for such goods that is prior to the date such consumer receives such notice" in Subsec. (b), effective July 1, 2007.

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      Secs. 42-110bb to 42-110kk. Reserved for future use.

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      Sec. 42-110ll. Disclosure of retail discounts offered to senior citizens. Penalty. Any person, firm or corporation who offers goods or services to the public at retail and who offers a discount to senior citizens shall disclose the qualifying age and the percentage or dollar amount of such discount on a conspicuously placed sign located at the point of display, the cash register or the store entrance. The Commissioner of Consumer Protection may assess a civil penalty in the amount of fifty dollars against any person, firm or corporation that violates the provisions of this section.

      (P.A. 09-53, S. 1.)

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