For the purpose of this article, the terms used herein are defined as follows:
This code applies to transactions in the City of Yonkers involving provision or sale of consumer goods, services, credits or debts.[1]
This code shall not affect any cause of action, liability, penalty or action of special proceeding which on the effective date of this code is accrued, existing, incurred or pending, but the same may be asserted, enforced, prosecuted or defended as if this code had not been enacted.
Nothing in this code shall be construed to limit or restrict any right or remedy to which a consumer may be entitled, or any civil or criminal penalty to which a merchant may be subject, under common law or other federal, state or local statute.
A purchaser, lessee or recipient or prospective purchaser of consumer goods or services or consumer credit, including a co-obligor or surety.
Includes but is not limited to consumer loans, retail charge accounts, credit cards, home mortgages and retail installment contracts, obligations and agreements.
Goods sold by retail merchants and which are intended to be used by consumers primarily for personal, household furnishings, items commonly known as "appliances" and automobiles.
Services which are primarily for personal, household or family purposes, including home improvement repairs and additions.
Any false, falsely disparaging or misleading oral or written statement, visual description or other representation of any kind which has the capacity, tendency or effect of deceiving or misleading consumers and is made in connection with the sale, lease, rental or loan or in connection with the offering for sale, lease, rental or loan of consumer goods or services, or in the extension of consumer credit or the collection of consumer debts. Deceptive trade practices include but are not limited to:
Representations that:
Goods or services have sponsorship, approval, accessories, characteristics, ingredients, uses, benefits or quantities that they do not have.
The merchant has a sponsorship, approval, status, affiliation or connection that he does not have.
Goods are original or new if they are deteriorated, altered, reconditioned, reclaimed or secondhand.
Goods or services are of a particular standard, quality, grade, style or model when they are of another.
Making false or misleading representations of fact or failing to state a material fact concerning the warranties, consumer rights, remedies or obligations involved in a consumer transaction.
Failure to state a material fact if such use or failure deceives or tends to deceive.
Disparaging the goods, services or business of another by false or misleading representations of material facts.
Offering goods or services without intent to sell them.
Advertising goods or services for sale when a merchant does not have available a sufficient quantity thereof to supply reasonably anticipated public demand, unless the offer discloses limitations of quantity by stating the specific number of each item offered or, in the case of a bona fide closeout sale, the purpose of which is to sell out an existing inventory of nonreplaceable goods, by stating the nature and purpose of such sale, together with a statement that quantities are limited.
Making false or misleading representations of fact concerning the reasons for, existence of or amounts of price reductions or the price in comparison to prices of competitors or one's own price at a past or future time.
Falsely stating that services, replacements or repairs are needed.
Falsely stating that a consumer transaction involves consumer rights, remedies or obligations.
Falsely stating the reasons for offering or supplying goods or services at sale or discount prices.
A false or misleading statement in any advertisement addressed to the public or to a substantial number of persons intended to promote the sale or increase the consumption of property or services.
A seller, lessor or creditor or an agent or employee of any (thereby) seller, lessor or creditor or any other person who makes available, either directly or indirectly, goods, services or credit to consumers. "Merchant" includes, without limitation, manufacturers, wholesalers and any other person who is responsible for any practice prohibited by this code.
Includes without limitation any individual, firm, association, joint venture, copartnership, group or corporation or any other legal entity or combination of entities whatsoever.
A coupon or token issued to a consumer by a dealer or merchant for the future redemption of an item advertised by the dealer or merchant not available for sale at the time specified in the advertisement.
Any act or practice is unconscionable if it takes unfair advantage of the lack of knowledge, ability, experience or capacity of a consumer, which results in a gross disparity in the rights of a consumer as against the merchant or results in a gross disparity between the value received by a consumer and a price paid by the consumer. In determining whether a trade practice is unconscionable, the following factors among others shall be considered:
Knowledge by a merchant who engages in the act or practice that the consumer will not receive reasonably anticipated benefits from the goods or services involved.
Gross disparity between the prices of goods or services and their value measured by the price at which similar goods or services are readily obtained from another merchant.
The fact that the act or practices may enable a merchant to take advantage of the inability of a consumer reasonably to protect his interest by reason of physical or mental infirmities, illiteracy or inability to understand the language of agreement, ignorance or lack of education or other similar factors.
The degree to which terms of the transaction require consumers to waive legal rights.