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.
No person shall engage in any deceptive or unconscionable trade
practice in the sale, lease, rental or loan of any consumer goods
or services, or in the extension of consumer credit or in the collection
of consumer debts.
It shall be unlawful to willingly, knowingly or recklessly disseminate
or cause to be disseminated false advertising in the conduct of any
business, trade or commerce or in the furnishing of any goods or services
within the City.
No person shall, with intent to defraud, put upon an article
of merchandise or upon a cask, bottle, stopper, vessel, case, cover,
wrapper, package, band, ticket, label or other thing containing or
covering such an article, or with which such an article is intended
to be sold, by false description or false indication of or respecting
the number, quantity, weight or measure of such article or any part
thereof, or sell or offer or expose for sale an article which to his
knowledge is falsely described or indicated in any of the manners
or in any of the particulars above specified.
It is a deceptive practice in the sale of consumer goods or
services to notify any person, as part of an advertising or promotional
plan, that he has won a prize or anything of value, or has been selected
or is eligible to win a prize or to receive anything of value, which
is conditioned upon his listening to or observing a sales promotion
effort, without clearly and explicitly stating at the same time that
an attempt will be made to effect a sales of goods or services. If
a salesman will visit the recipient's home, that fact must be
disclosed. The approximate market value of the prize or thing of value
must be disclosed. A statement that the recipient must view a demonstration
of the product does not satisfy the requirements of this regulation
unless the customer is told that the purpose of the demonstration
is to make a sale. The following statement, made orally or conspicuously
in writing at the time of notification of eligibility or selection,
complies with this regulation: "You will receive the gift (or prize)
if you permit our sales representative to (talk to you) (visit in
your home) and urge you to buy (product or service)."
A.
Any person, firm or corporation selling goods, articles or merchandise
at retail other than food, perishable items or custom made or altered
goods shall conspicuously post a sign in such retail establishment
setting forth the store policy concerning the refunds, exchanges or
credit.
B.
Such sign explaining refund policies shall state the following:
(1)
Whether or not refunds will be made.
(2)
The number of days after sale in which a customer can return merchandise
for store credit or exchange.
(3)
The number of days after sale in which a customer can return merchandise
for a full cash refund.
(4)
Store policy concerning sales slips and/or absence of sales slips.
(5)
Special return policy for purchases made on credit cards.
(6)
Any other store policies concerning refunds and returns.
C.
Any person, firm or corporation accepting credit cards shall conspicuously
post a legible sign in such business establishment setting forth those
credit cards honored for purchases and the minimum charge permitted.
D.
The foregoing provisions shall not apply to restaurants which post
at or near the entrance indications as to which credit cards are acceptable.
A.
Any person, firm or corporation advertising for sale at retail an
article which is not available for sale during any day in the advertising
period shall, on demand of a purchaser unable to buy the advertised
article during the offered period, issue a rain check which shall
be redeemable so as to permit the holder thereof to purchase the advertised
article at the advertised price within 30 days of the last original
offering date.
B.
The thirty-day redeemable period may be modified with the consent
of both the purchaser and the vendor.
D.
Any person, firm or corporation advertising for sale, at retail,
an article which is for sale, shall not state within their advertising
that a rain check will not be issued for an advertised article, except
where the advertisement clearly states a specific quantity of the
article to be sold; and that where an article is advertised for sale
as "limited quantity," then such quantity shall be clearly stated.
E.
There shall be within each retail establishment a prominently posted
sign, poster or placard as to where a rain check may be obtained by
the public.
F.
It shall not be made a condition precedent to the issuance of a rain
check that the purchaser prepay the purchase price or any part thereof.
G.
The merchant shall substitute a similar item acceptable to the consumer
for the item originally offered.
It shall be unlawful to cause, permit, allow or approve the
blockage, obstruction or concealment from view of the purchaser or
purchasers of any machine, device, register or part thereof used to
itemize and/or total sales to such purchaser or purchasers, by any
person engaged in any commercial business activity in which consumer
goods and/or services are sold to the public.
In any consumer transaction totaling more than $1, a sales slip,
register check or receipt must be presented to the customer at the
time of purchase.
It shall be a deceptive trade practice to fail to disclose on
each sales slip, receipt, contract or other memorandum of sales the
true full name or names or the legally registered name and legal address
under which a merchant transacts business. All sales slips, receipts,
contracts or other memoranda of sales shall be legible and clear to
the consumer.
