[Adopted 12-9-1991 by L.L. No. 10-1991]
No person shall engage in any deceptive or unconscionable trade
practices in the sale, lease, rental or loan, or in the offering for
sale, lease, rental or loan of any consumer goods or services.
As used in this article, the following terms shall have the
meanings indicated:
COMMISSIONER
The Commissioner of Behavioral and Community Health.
[Amended 12-7-2010 by L.L. No. 2-2011]
CONSUMER
An individual who buys or leases or agrees to buy or lease
consumer goods or services or credit, including a co-guarantor or
surety.
DECEPTIVE TRADE PRACTICES
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 of consumer goods or services; the offering for sale, lease,
rental of consumer goods or services; or the extension of consumer
credit. Deceptive trade practices include but are not limited to:
A.
Representation that:
(1)
Goods or services have sponsorship, approval, accessories, characteristics,
ingredients, uses, benefits or quantities that they do not have;
(2)
The seller has a sponsorship, approval, status, affiliation
or connection that he/she does not have;
(3)
Goods are original or new if they are deteriorated, altered,
reconditioned, reclaimed or secondhand;
(4)
Goods or services are of a particular standard, design, quality,
grade, style, value, or model if they are of another.
B.
A false representation as to a material fact.
C.
Failure to state a material fact if such use or failure deceived
or tends to deceive.
D.
Offering goods or services without intent to sell them.
E.
Advertising goods or services without intent to supply reasonably
expectable public demand, unless the offer disclosed the limitation;
vendor must show dated proof that he/she has ordered, in time to arrive
by the beginning of sale, more than normal everyday supply.
F.
Making false or misleading representations of fact concerning:
the reason 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.
G.
Falsely stating that a consumer transaction involves consumer
rights, remedies or obligations.
H.
Falsely stating that services, replacements or repairs are needed.
I.
Falsely stating the reasons for offering or supplying goods
or services at sale or discount prices.
J.
Abandonment or willful failure to perform any home improvement
contract or project engaged in, or willful deviation from or disregard
of plans or specifications in any material respect without the consent
of the owner.
K.
Failure to complete contract, service or project in a workmanlike
manner or failure to return and perform repairs under warranty.
L.
Failure to have retail selling prices clearly indicated at the
point of display:
[Added 9-12-1994 by L.L.
No. 6-1994]
(1)
By placing signs or shelf tags marked in Arabic numerals as
close as practical to the location at which the consumer goods are
displayed; and/or
(2)
By stamping, tagging, labeling or otherwise marking each item
of consumer goods.
M.
Selling or offering for sale any consumer goods or services
at a greater price than any price displayed or advertised therefor.
[Added 9-12-1994 by L.L.
No. 6-1994]
N.
Selling or offering for sale any consumer goods which do not
have a selling price displayed in conformity with this article.
[Added 9-12-1994 by L.L.
No. 6-1994]
O.
Use of a computer-assisted checkout system or price look-up
function that determines a retail selling price which exceeds the
lower of any item, shelf, displayed, sale or advertised price for
any item of consumer goods offered for sale.
[Added 9-12-1994 by L.L.
No. 6-1994]
P.
Displaying gasoline prices in a manner which fails to include
and make plainly visible to the consumer the difference, if any, between
the price per gallon for payment by cash, debit or credit. For example,
a sign which only reveals the price per gallon for a cash payment,
but fails to include and make equally and plainly visible the price
per gallon by debit or credit payment when a difference in price exists,
shall constitute a deceptive trade practice. However, a sign which
does not distinguish between the price per gallon for payment by cash
and payment by debit or credit shall not be considered a deceptive
trade practice only if the price per gallon is the same regardless
of the form of payment. The price of gasoline available to retail
customers must be displayed on one or more signs that are so positioned
and lit that the price that the signs display will be readily seen
by motorists approaching the gasoline station at any time that the
gasoline station is open for business to supply gasoline. Such signs
must display, in all instances, the price of gasoline at the standard
retail price available to all retail customers without any discounts
or special offers. If discounted pricing is displayed on the sign
it must be of the same size as the regular price of gasoline. All
such signage must be in conformity with local zoning ordinances and
approvals and is not intended to authorize the installation or usage
of any additional signs.
[Added 12-17-2012 by L.L.
No. 1-2013]
PERSON
Any individual, corporation, unincorporated association,
firm, partnership, organization or other entity.
SELLER
A manufacturer, supplier, merchant, contractor, lessor or
creditor or other person who makes consumer goods or services available
to consumers, either directly or indirectly.
UNCONSCIONABLE TRADE PRACTICE
Any act or practice which unfairly takes advantage of the
lack of knowledge, ability, experience or capacity of the consumer,
which results in a gross disparity between the value received by a
consumer and the price paid by the consumer.
[Amended 12-7-2010 by L.L. No. 2-2011]
The Dutchess County Commissioner of Behavioral and Community
Health shall have the responsibility of enforcing this article.
Nothing in this article shall apply to any television or radio
broadcasting station or to any publisher or printer of a newspaper,
magazine or other form of printed advertising who or which broadcasts,
publishes or prints the advertisement.
The Commissioner shall render to the Dutchess County Legislature
and the County Executive an annual report to his/her activities under
article law no later than June 1 of each year.
[Adopted 12-18-2016 by L.L. No. 2-2017]
Every retail space in Dutchess County which sells, offers for
sale or exposes for sale a consumer commodity shall clearly disclose
on each item the selling price of said consumer commodity. The selling
price may be shown by stamp, tag, label, or otherwise, marked in Arabic
numerals on each item.
Every retail store which uses a computer-assisted checkout system and which would otherwise be required to price mark each item as provided in §
141-9 above may make an application, in writing, to the Dutchess County Commissioner of Behavioral and Community Health for a waiver of the item pricing requirement. A separate application shall be required for each qualified retail store.
The responsibility of the administration and enforcement of
this article shall be with the Dutchess County Department of Behavioral
and Community Health, Division of Weights and Measures. The Commissioner
of Behavioral and Community Health shall be vested with the power
to promulgate rules and regulations consistent with this article.
Item Pricing Rules and Regulations are submitted herewith for adoption
by local law.