- Oregon Rebate Law Amended
- August 10, 2008
- Law Firm: Winston & Strawn LLP - Chicago Office
You may not have known that in January 2008, the Oregon legislature amended its "Free Offer" and "Rebate" laws. Oregon's new rebate law states that it is illegal to advertise rebates without clearly and conspicuously disclosing the material terms, conditions, and limitations of the rebate in close proximity of the rebate offer. The law provides examples of "material terms" that must be disclosed in close proximity to the rebate offer, which include that: (i) rebates must be submitted within seven days of purchase; (ii) that consumers must purchase a subscription, product, or other service to be eligible to receive the rebate; (iii) that the rebate will not be for cash, but only merchandise from the manufacturer; (iv) that the consumer must submit multiple different rebate forms to multiple different companies; and (v) that the rebate is limited to only one individual per address or household. The law further clarifies that disclosure at the bottom of the page and referenced by an asterisk does not constitute "close proximity."
TIP: If you offer rebates in Oregon, you should review your rebate advertising practices, and consult with an attorney if you think the amended law may impact you.