For purposes of this article; the following
terms shall have the meanings indicated:
LAYAWAY PLAN
A purchase over the amount of $50, whereby the consumer agrees
to pay in two or more installments for the purchase of specific merchandise,
delivery of which is to be made upon the payment of the full purchase
price at a definite future date or at a date to be selected by the
consumer.
It is an unlawful practice for a merchant to
accept payment from a consumer to be applied to the purchase of merchandise
on a layaway plan without first disclosing to the consumer, in writing,
the following information:
A. A description of the merchandise to be purchased on
the layaway plan, including, as appropriate, the type of item, name
of the manufacturer, brand name, color, size, style and/ or model
number.
B. the total cost of the item, including tax, installation,
delivery and/or freight charges.
C. The amount of any charge for the use of the layaway
method of payment, such as a service or carrying charge or cancellation
fee. Failure to make this disclosure shall preclude the imposition
of such charge or fee.
D. The duration of the layaway plan.
E. The required payment schedule, if any, and the consequences
of missing payments.
F. The merchant's refund policy with respect to payments
made by consumers.
G. The location, if other than the place of purchase,
where the merchandise is being stored. If the merchandise selected
by the consumer will not be removed from inventory upon receipt of
the first layaway payment by the merchant, there must be prominently
disclosed on the face of the writing given to the consumer the time
at which the merchandise will be isolated from inventory or ordered
by the merchant, e.g., "Notice: No merchandise will be removed from
inventory until percent of the purchase price has been paid," or "Attention:
Your selection of merchandise will not be ordered until you have made
your next-to-final payment."
H. All other disclosures required by state or federal
law.
The merchant must tender the specified merchandise
in good condition to the consumer, on demand, upon receipt of the
final layaway payment unless otherwise provided in the layaway plan.
Any merchant providing layaway plans shall conspicuously
post at the location where such layaway plan transactions take place
a sign stating: "Layaway plans are regulated by Rockland County local
law. For information, contact the Rockland County Office of Consumer
Protection."
Any person who shall violate any provision of
this article shall be guilty of an offense against this article and
shall be subject to a fine of not less than $100 nor more than $250
for the first offense, and of not less than $200 nor more than $500
for the second and every subsequent offense.