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

§ 102-5 BROOME COUNTY CODE § 102-5
PERSON — An individual, proprietor, partnership, corporation, firm, cooperative,
association or any other group of individuals, however organized.
UNCONSCIONABLE TRADE PRACTICE — Any act or practice is unconscionable if it
takes unfair advantage of the lack of knowledge, ability, experience or capacity of a consumer
which results in a gross disparity in the rights of the consumer as against the merchant or
results in a gross disparity between the value received by a consumer and the price paid by
the consumer. "Unconscionable trade practices" include but are not limited to:
A. Charging for an estimate without informing the consumer of said charge prior to
rendering the estimate.
B. Failure to provide a written estimate of repairs, alterations, modifications or servicing
when requested by a consumer and the subsequent repair, alteration, modification or
servicing of any item without first tendering said estimate.
C. Making repairs, alterations, modifications or servicing exceeding by 20% or more the
price quoted in a written estimate without prior written approval of a consumer.
D. Failure to reassemble or restore an electrical or mechanical apparatus, appliance, chattel
or other goods or merchandise to its tendered condition unless a service or labor charge
is paid without notification prior to receiving the tendered item of said service or labor
charge.
E. Failing to supply to a consumer a copy of the sales or service contract, lease, promissory
note, trust agreement or other evidence of indebtedness which that person may execute.
F. Making or enforcing unconscionable terms or provisions of sales or leases. In applying
this subsection, consideration shall be given to gross disparity between the price of the
property or services sold or leased and the value of the property or services measured by
the price at which similar property or services are readily obtainable in transactions by
like buyers or lessees.
G. Knowingly taking advantage of the inability of the consumer reasonably to protect his
interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to
understand the language of the agreement, or similar factors.
H. Replacing parts or components in an electrical or mechanical apparatus, appliance,
chattel or other goods or merchandise when such parts or components are not defective
or worn, unless requested by the consumer.
I. Falsely stating or representing that repairs, alterations, modifications or servicing have
been made and receiving remuneration therefor when they have not been.
J. The collection of a debt concerned with the sale or rental of consumer goods or services
if:
(1) The alleged creditor communicates or threatens to communicate the nature of the
consumer claim to the debtor's employer prior to obtaining final judgment against
the debtor or any other inappropriate communication as prohibited by state or
federal law. The provisions of this subsection shall not prohibit the principal
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