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Westchester County |
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Code of Ordinances |
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Part VII. RULES & REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL FACILITIES |
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Chapter 863. CONSUMER PROTECTION CODE |
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Article I. SHORT TITLE, DEFINITIONS, APPLICATIONS, MISCELLANEOUS |
§ 863.11. Definitions.
As used in this code, unless the context otherwise requires, the term:
1.
Consumer goods means goods sold by retail merchants and which are intended to be used by consumers primarily for personal, household or family purposes, and includes, but is not limited to, furniture, household furnishings, items commonly known as appliances and automobiles.
2.
Consumer services means services which are primarily for personal, household or family purposes, including home improvement repairs and additions.
3.
Consumer credit and debt shall include but not be limited to, consumer loans, retail charge accounts, credit cards, home mortgages and retail installment contracts, obligations and agreements.
4.
Consumer means a purchaser, lessee or borrower or a prospective purchaser, lessee or borrower of consumer goods, services or credit, including a co-obligor or surety or a person for whose use or benefit a consumer acquired or obtains such goods, services or credit.
5.
Merchant means a seller, lessor, creditor or an agent or employee of any 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 act or practice prohibited by this code.
6.
Person shall include without limitation any individual, firm, association, joint venture, co-partnership, group or corporation or any other legal entity or combination of entities whatsoever.
7.
Deceptive trade practices. Any false, falsely disparaging or misleading oral or written statement, visual description or other representation of any kind 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 in the collection of consumer debts, which has the capacity, tendency or effect of deceiving or misleading consumers. Deceptive trade practices include but are not limited to:
a.
Representations that goods or services have sponsorship, approval, accessories, characteristics, ingredients, uses, benefits or qualities 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; or, goods or services are of a particular standard, quality, grade, style or model, if they are of another;
b.
Disparaging the goods, services or business of another by false or misleading representations of material facts or by failure to state a material fact;
c.
Offering goods or services with intent not to sell them as offered;
d.
Advertising goods or services for sale when a merchant does not have available a sufficient quantity thereof to supply reasonably anticipated public demand except upon compliance with section 863.191 hereof, 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;
e.
Making false or misleading representations of fact concerning the reasons for, existence of or amount of price reductions or price in comparison to prices of competitors, the manufacturer's suggested price, wholesale price, generally accepted price or one's own price at a past or future time;
f.
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 transactions;
g.
Falsely stating that services, replacements or repairs are needed;
h.
Making false or misleading representations of fact, or, except, upon compliance with section 863.191 hereof, failing to state a material fact concerning the existence of, amount of, or supplying of goods or services at sale of discount prices or at no additional cost;
i.
Representations of the selling price of consumer goods or services in written or printed displays or advertisements which appear on signs placed in windows facing, or otherwise visible from, the outside of the business to which they refer which do not state the unit of measure in written or printed figures which are clearly visible and which occupy, in no case, less than twenty-five (25) percent of the area used to indicate the selling price on such signs;
j.
Failing 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.
k.
Displaying gasoline prices in a manner which fails to include and make plainly visible to the consumer of 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 plainly visible the price per gallon for payment by debit or credit 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.
8.
Unconscionable trade practice. Any act or practices in connection with the offering for sale, lease, rental or loan of consumer goods or services, or in connection with the extension of any consumer credit, or in the collection of consumer debts which takes unfair advantage of the lack of knowledge, ability, experience or capacity of a consumer, or results in a gross disparity between the value received by a consumer and the price paid to the consumer's detriment or results in gross disparity between the rights and remedies of a consumer and the rights and remedies of the merchant to the consumer's detriment. In determining whether a trade practice is unconscionable, the following factors among others shall be considered:
a.
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.
b.
Gross disparity between the price of goods or services and their value measured by the price at which similar goods or services are readily obtained from another merchant.
c.
The fact that the acts or practices may enable a merchant to take advantage of the inability of a consumer reasonably to protect his interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or other similar factors.
d.
The degree to which terms of the transaction require consumers to waive legal rights.
e.
The degree to which terms of the transaction require consumers to jeopardize money or property in addition to the price of goods or services or the amount of credit or debts which are the subject of the transaction.
9.
sealer. The Westchester County sealer of Weights and Measures or County Director of Weights and Measures.
10.
Computer-assisted checkout system means any electronic device, computer system or machine which determines the selling price of a stock-keeping item by interpreting its universal product code, or by use of its price look-up function.
11.
Department means the Westchester County Department of Weights and Measures- Consumer Protection.
12.
Retail store means a store which sells consumer commodities at retail, which store is not primarily engaged in the sale of food for consumption on the premises. An establishment which sells consumer commodities only to its members shall be deemed to be included within this definition unless the members pay a direct fee to qualify for membership and the establishment is not required to collect sales tax on transactions with members, pursuant to article twenty-eight of the tax law.
13.
Shelf price means the tag or sign placed by an authorized person at each point of display of a stock keeping unit, which clearly sets forth the true and actual price of the stock keeping item.
14.
Retail area means the area designated in a retail store to display and sell products, provide customer service and checkout. The retail area does not include the storage area, back rooms, stock area, maintenance areas or other locations which are not intended to be accessible to consumers.
(L.L. No. 7-1975; amended by L.L. No. 4-1977, § 102; L.L. No. 7-1984; L.L. No. 1-2010, § 1; L.L. No. 3-2012, § 1 [])