Contact: Colleen Roche (212) 788-2958, Martin Barreto (212) 788-3256, or Shonna Keogan (212) 487-4283 (DCA)
Mayor Giuliani said, “After a busy 1996 holiday shopping season in New York City, returning unwanted gifts and getting refunds at retail stores are very much on the minds and schedules of consumers today. Shoppers should be aware that under the New York City Consumer Protection Law rules, consumers have the right to obtain refunds or credit for returned unused and undamaged goods -- within 20 days of purchase -- unless the store posted an easy-to-read sign that tells you about its refund policy stating otherwise. Often, you will need to present a receipt in order to make a refund or exchange, so consumers must remember to collect their receipts and keep them handy.”
According to the New York City Consumer Protection laws consumers cannot assume they have the right to return everything they buy. A consumer’s rights with respect to faulty, defective, or otherwise non-conforming goods are governed by the contract entered into by the consumer and merchant, or by applicable implied or express warranties.
“During the holidays, we all get things that don’t fit or things we can’t use,” said Commissioner Maldonado. “But amid the post-holiday rush, consumers often fail to get maximum value for items they purchase or exchange.
New Yorkers should realize that there are laws protecting them from being saddled with defective merchandise or being taken advantage of by misleading merchants offering fictitious markdowns. The Consumer Affairs department is taking a hard line against “sale” impostors and will continue to issue violations to stores that flout the law.”
In New York City it is illegal to advertise or hold a “special sale” without first obtaining a license from the Department of Consumer Affairs. The Consumer Affairs license to hold a “special sale,” in its original form, must be displayed on the sale’s premises for its duration.
All advertising for the sale must be accurate with no misleading messages. Merchandise on display must be sold at the advertised prices and have visible price tags. At the conclusion of a “going out of business” sale (closing out sale), merchants cannot legally conduct their business at the same location for at least one year. A violation of this part of the law may result in fines of up to $100 a day and up to $500 a day for engaging in deceptive trade practices.
Consumers and merchants can obtain a Department of Consumer Affairs brochure with fast facts on refund policies and a brochure on the rules and regulations governing “special sales.” Consumers can file complaints with the Department of Consumer affairs by calling (212) 487-4444. They must speak to a consumer services representative and fill out a complaint form.