T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 102-5 CONSUMER PROTECTION § 102-5
as prominent as the notice of sale. As used in this subsection, the phrase
"conditions or obligations" shall mean such conditions or obligations upon which
receipt and retention of an item are directly dependent. Conditions such as length
of sale, location of sale, quantity of sale items where there is a limited supply,
credit restrictions and shipping and handling charges shall be deemed to be
conditions which must be made known. Such terms as "sorry no mail or phone,"
"no C.O.D.'s," and the like are not to be considered substantial "conditions or
obligations."
P. Violating any provision of the New York General Business Law §§ 130, 131, 132, 133
and/or 134. [Added 8-25-1987 by L.L. No. 5-1987]
Q. Causing, permitting, allowing or proving the blockage, obstruction or concealment from
the view of a purchaser or purchasers the indicators of any machine, device or register
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. [Added 8-25-1987 by L.L. No. 5-1987]
R. Failing to keep an appointment for the delivery, pickup, inspection or repair of consumer
goods or services in the home of the consumer on the day agreed upon with the
consumer, unless the consumer receives a written or verbal notice of delay or
cancellation before the end of the preceding business day. [Added 8-25-1987 by L.L.
No. 5-1987]
(1) When unexpected circumstances such as mechanical breakdown occur, no violation
shall occur if actual notice is given to the consumer as soon as practically possible.
(2) Extenuating circumstances which shall excuse a failure to perform under this
subsection shall include but not be limited to cases in which the consumer has
requested same-day service, cases in which the consumer is responsible for the
cancellation or delay and cases in which there is a strike or natural disaster.
(3) Violation of this subsection shall be a "deceptive trade practice" when the same
person or business fails to keep an appointment with the same consumer as
outlined above three times in the same thirty-day period.
(4) Nothing in this regulation shall be construed to waive any right that a consumer
has under the common law or by statute.
S. Failing to provide on demand to a consumer evidence of property damage liability
insurance and/or fidelity insurance as those terms are defined by the New York State
Insurance Law § 46(14) and (16), 1 provided that the provider of goods or services has
such insurance. [Added 8-25-1987 by L.L. No. 5-1987]
MERCHANT — A manufacturer, supplier, seller, lessor, creditor or other person, firm or
corporation who makes available to consumers, either directly or indirectly, goods, services or
credit.
1. Editor's Note: See now § 1113(14) and (16) of the Insurance Law.
102:5 02 - 01 - 2010