“Rain Check” is a written document giving the consumer the ability to purchase an advertised item at the advertised price.  Consumers ask for a rain check from the supplier when an out-of-store advertised product is not available. 

Rain Checks must contain:

·  Supplier’s name and address 

·  Consumer’s name, address, and telephone number 

·  Date issued 

·  Description of the item to be purchased including model, make, and year, if applicable 

          ·  Quantity entitled to be purchased 

          ·  Advertised price 

A rain check is to be honored within 60 days of issuance to a consumer. If the out-of-stock item is still not available then the supplier notifies the consumer holding the rain check of the option to purchase another similar in stock item, or the consumer can agree to a specific time extension in which the rain check item will be provided. 

There are times when a supplier does not have to provide a rain check on all out-of-store advertised products to consumers, this occurs when: 

1.   The product advertised price exceeds $100 and at the time of advertised offer had a sufficient supply of goods to meet the reasonably expected consumer demand. 

2.   The minimum quantity of advertised product was clearly and conspicuously disclosed, “at least 10 in stock.” 

3.    The product advertised was listed as a “special purchase,” “seasonal” or “clearance” item. 

4.    The supplier, in lieu of a rain check, offers the consumer the option to purchase another similar or comparable item of equal or greater value in  stock.

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