§ 75-40. Deadline for mailing consumer rebates.
§ 75‑40. Deadline formailing consumer rebates.
(a) Any person, firm,or corporation engaged in commerce that offers a rebate shall provide therebate to the consumer within 60 days of the date of receipt by the person,firm, or corporation of the completed rebate form submitted by the consumer. Ifthe rebate claim is submitted electronically, the rebate shall be provided tothe consumer within 60 days of the date upon which the claim is submitted.However, a person, firm, or corporation shall not be responsible for delays inproviding rebates to consumers caused by conditions beyond their reasonablecontrol including, but not limited to, natural disasters, wars, terrorist acts,and states of emergency. As used in this section, the following apply:
(1) The term"rebate" means the return of a portion of the purchase price paid bya consumer for goods or services that is conditioned upon the consumersubmitting a request for redemption after satisfying the terms and conditionsof the offer.
(2) The term "rebate"shall not include any refund that may be given to a consumer in accordance witha company's frequent shopper customer rewards program.
(3) The term"consumer" does not apply to those individuals who are eligible forrebates as result of their eligibility under Medicaid.
(b) Rebate forms shallinclude the telephone number or e‑mail address of the person, firm, orcorporation that is offering the rebate. Rebate forms shall also include all ofthe following conspicuously printed on the rebate form:
(1) The terms of therebate.
(2) Requirements for avalid claim, including any additional information to be submitted with therebate form.
(3) The expiration dateof the rebate offer, if applicable.
(c) A rebate offershall provide a period of at least 30 days during which the consumer may submitthe rebate form. The time period allowed for submission shall begin as soon asreasonably possible, but no later than six months, after the date of purchase.
(d) Nothing in thissection shall apply to a rebate offer of five dollars ($5.00) or less.
(e) Nothing in thissection shall be construed to create liability on the part of a retailer for arebate offered by a manufacturer or liability on the part of a manufacturer fora rebate offered by a retailer.
(f) A violation ofthis section is an unfair trade practice under G.S. 75‑1.1 and is subjectto all of the enforcement and penalty provisions of an unfair trade practiceunder this Article. (2007‑170, s. 1.)