A contract for future consumer services is any contract which includes a provision for consumer services to be rendered in the future on a continuing basis, including but not limited to computer schools, health spas or gyms, home study school and courses or dance studios, except that future service shall not mean nor include:
A. 
Boarding accommodations.
B. 
Travel arrangements contracted for less than a year in advance.
C. 
Contracts which incorporate warranties of service or repair given in conjunction with appliances or other goods, where the sale of goods is a primary object of the contract.
D. 
Services by a public or private nonprofit educational institution, i.e., a college or university chartered by the University of the State of New York or the Board of Regents of New York State, secondary school and elementary school, a nursery school or kindergarten.
It shall be a violation for any merchant to communicate orally or in writing to the consumer that any contract for future consumer services sold by him is noncancellable or not subject to cancellation or to use words of similar meaning or import. Nothing in this section shall preclude any person from communicating to a consumer that a consumer may be liable to the merchant for damages if he breaches or cancels a contract.
A. 
It shall be a violation for any merchant who sells future consumer services, or collects consumer debts, to contract for, receive or demand, in the event of cancellation by the consumer of such a contract for future service, more than a total of:
(1) 
Ten percent of the cash price, but not to exceed $100; and
(2) 
A pro rata portion of the total price, representing the proportion of services used or completed up to 25% of the time or lessons contracted for. The proportion of services used or completed shall include the time of lessons missed prior to cancellation; and
(3) 
The cost to the merchant of any ancillary goods which the consumer has used or has retained after cancellation of the contract.
B. 
Cancellation shall occur:
(1) 
When the consumer mails to the merchant notice of his intention to cancel.
(2) 
Where the consumer fails to attend consecutive scheduled classes or lessons constituting at least 25% of the total lessons or time contracted for, without informing the merchant in writing that he intends to remain enrolled.
C. 
The contract forms used by the merchant shall conspicuously disclose the merchant's cancellation provisions in compliance herewith.
A. 
It shall be a violation for a vocational training school or other institution offering trade or other occupational instruction to represent or imply in advertising or otherwise that persons employed in a particular position in a trade or industry earn a stated salary or income or that the consumer completing the training course will earn the stated salary or income up to the stated salary or income unless:
(1) 
The salary or income referred to is equal to or less than the average salary or income of persons employed less than five years in the indicated position in the New York metropolitan area as determined by the New York State Department of Labor and the advertisement or representation states the basis for calculation of the average salary or income; or advertisement or representation states the basis for calculation of the salary stated and also discloses the average salary or income of persons employed less than five years in the indicated position in the New York Metropolitan area.
(2) 
The advertisement or representation states in type at least as large and conspicuous as ten-point boldface type, that no guaranty is made that a consumer that purchases the advertised services will earn the stated salary or income.
B. 
It shall be a violation for a vocational school or other institution which charges a fee for vocational instruction to represent that the training course includes job placement service or free job placement services unless:
(1) 
The job placement service is available to all persons who pay a fee, regardless of whether they complete the course, or the advertisement or representation states that it is available only to those who successfully complete the course.
(2) 
The advertisement or representation states whether job placement is guaranteed and, where no guarantee is given, the advertiser makes bona fide attempts to seek out potential employers for its students.
C. 
For purposes of this section "vocational training school" shall mean any educational institution organized for profit or any other business entity offering vocational instruction, whether on its own premises, through a home study or correspondence plan or otherwise.
A. 
It shall be a violation of this code, in connection with any extension of consumer credit for which any charge is made, including but not limited to interest, for a merchant to fail to disclose fully and fairly the circumstances in which such charge will be made, the rate of interest, on an annual basis, and/or any other charge for such extension or credit as well as the manner of computation of such rate of interest or other charge.
B. 
It shall be a defense, wherever applicable, for any merchant charged with a violation of this section or with any deceptive or unconscionable trade practice relating to the extension of consumer credit that, in connection with such extension or credit, he made all disclosures required to comply with any federal and New York State Law applicable to the disclosure required in connection with the extension of such credit.
It shall be a violation with respect to attempted collection of a consumer debt for a creditor, collection agency, collection attorney or an agent or employee of a credit collection agency or collection attorney to send a communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency or attorney at law when it is not.