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With every legislative session comes a multitude of varied legislative proposals. So far this session, there have been a total of 1,187 House and Senate bills filed. In this week's column, I will discuss several bills that involve consumer products.
We often see products advertised that offer a mail-in rebate from the manufacturer. Sometimes, even after the consumer has taken the time to send in the required documentation to claim the rebate, the company offering the rebate either does not send the rebate to the consumer or finds a problem, such as an incomplete form, and simply does not respond to the consumer. House Bill 511, filed by Rep. Scott Hochberg, would require the company to mail the rebate or electronically pay the consumer within 60 days of receiving a rebate request. If the request is not correctly completed, the company would either have to pay the rebate or notify the consumer of any errors. The measure would also provide the consumer an additional 30 days to correct and resubmit the request for processing.
Proponents of this bill say that consumers who purchase a product with a mail-in rebate should be able to expect to receive the rebate. They say that people get frustrated when they have to repeatedly contact a company with numerous requests in order to receive a rebate. The law currently does not offer a remedy when a company reneges on its offer. Opponents of this legislation say that many of the companies that offer rebates are from out of state and that such a law would be difficult to enforce. They also claim that such a law could cause companies to stop offering rebates on products sold in Texas.
House Bill 533 has been filed by Rep. Charlie Howard in an effort to prevent the unwanted renewal of a subscription, such as a magazine, newspaper, or internet or telephone service. In many cases, contracts for subscriptions will include an automatic renewal clause which will cause the subscription to be renewed if the customer does not cancel the subscription. This bill would require the seller of a subscription with an automatic renewal clause to notify the customer 30 to 45 days prior to the expiration of the subscription that the subscription will renew unless the customer requests otherwise.
Supporters of this bill say that many consumers purchase what they believe to be an annual subscription, only to realize that it automatically renews after they are billed for a subsequent subscription. Opponents say that sending annual notices to every customer would ultimately increase the price of subscriptions.
Senate Bill 104, filed by Sen. Judith Zaffirini, would prohibit the sale, distribution or manufacturing of buckets between 4 and 6 gallons that are not properly labeled. A proper label must conspicuously display, on a contrasting background, in both English and Spanish, "WARNING" and "Children can fall into bucket and drown--keep children away from bucket with even a small amount of liquid."
Proponents say that people should be aware of the potential of a dangerous situation resulting from the improper use of a product. Opponents feel that such notice is unnecessary and would cause the price of these products to increase.
I am interested in your comments on legislation that will be debated in the Texas House of Representatives. You can contact me by writing to P.O. Box 2910, Austin, TX 78768-2910.
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