CHAPTER 743e
RAINCHECKS

Table of Contents

Sec. 42-215. Sale at discount to include raincheck. Exemptions. Notice. Comparable merchandise.
Sec. 42-216. Regulations.
Sec. 42-217. Penalties. Defenses.
Secs. 42-218 and 42-219.

      Sec. 42-215. Sale at discount to include raincheck. Exemptions. Notice. Comparable merchandise. (a) No person, firm, corporation, partnership or association shall sell, offer for sale or advertise items of merchandise for sale at a discount from the normal retail price without offering a written voucher, commonly referred to as a "rain check", for sale items which become out of stock during an advertised sale period unless: (1) Such items are motor vehicles; (2) such items are clothing or footwear, which are seasonal in nature and the stock of which cannot be replenished or which are sized to fit; (3) such discount is applicable throughout a store or throughout any department in a store; (4) all advertisements for sale clearly indicate the quantity of items available at the sale price and clearly state that no rain checks are offered; (5) such items are alcoholic beverages; (6) such items are offered for sale as part of a clearance, permanent markdown or closeout sale; or (7) a customer accepts a comparable discount on a comparable item.

      (b) The holder of a rain check shall be notified by the issuer when the sale item is in stock and shall have at least ten days after notification to purchase the item at the sale price, except that a retail food store shall not be required to notify such holder when the sale item is in stock. No person shall be entitled to receive a greater number of rain checks per item than is allowed under the retailer's advertised limit. If a rain check is not redeemed by the retailer within sixty days after its issuance, the retailer shall offer the holder of a rain check similar or comparable merchandise at or below the advertised sale price of the merchandise which was the subject of the sale. If the holder of a rain check wishes to purchase such similar or comparable merchandise, he shall do so within ten days of the retailer's offer to substitute comparable merchandise.

      (P.A. 86-302, S. 2.)

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      Sec. 42-216. Regulations. The Commissioner of Consumer Protection may adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of this chapter.

      (P.A. 86-302, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 42-217. Penalties. Defenses. (a) A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under chapter 735a.

      (b) It shall be a defense to any charge brought in accordance with the provisions of chapter 735a, concerning unfair trade practices, pursuant to subsection (a) of this section, that a retailer ordered the advertised merchandise which was the subject of the sale, in adequate time for delivery and such merchandise was delivered to the store in quantities sufficient to meet reasonably anticipated demand for such merchandise.

      (c) The defense provided for in subsection (b) of this section shall not relieve a retailer of the obligation to offer a rain check or comparable or similar merchandise to consumers in accordance with the provisions of section 42-215.

      (P.A. 86-302, S. 4.)

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      Secs. 42-218 and 42-219. Reserved for future use.

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