§ 2-238 Use of ZIP Codes.

All copies of process mailed pursuant to the requirements of CPLR § 308(4) or RPAPL § 735(1) must include on the envelope as part of the address the proper ZIP code of the person served.

(Amended City Record 9/23/2022, eff. 10/23/2022)

§ 2-239 Use of Email.

All process servers and process serving agencies must provide to the Department a regularly used email address. The Department may send licensing documents and subpoenas, notices, requests, or other communications to such address.

(Added City Record 5/11/2020, eff. 6/10/2020)

§ 2-240 Audits.

   (a)   Pursuant to subdivision c of § 20-406.3 of the Administrative Code, the Department may audit any process server that has served at least one summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceeding that is subject to the provisions of section 110 of the civil court act. In conducting such an audit, the Department may issue a subpoena by email to a process server for the period identified by the Department in such subpoena for the following records no longer than two months:

      (1)   Records that a process server is required to maintain pursuant to 6 RCNY § 2-233(a);

      (2)   Affidavits of service and affirmations of service filed with a court by a process server or on behalf of a process server related to service;

      (3)   Records of the GPS location, time and date of attempted or effected service of process made pursuant to 6 RCNY § 2-233b(a)(2); and

      (4)   Documents sufficient to identify all traverse hearings scheduled to occur, whether or not held, by any court, including courts outside of New York City, concerning process served or attempted to be served, and any result of such hearings.

   (b)   Records described by paragraphs one through three of subdivision a of this section must be produced in electronic form, unless otherwise specified by the Department, and records described by paragraph four of subdivision a of this section may be produced in paper or electronic form. Records described in paragraph two of subdivision a of this section must be produced in chronological order.

   (c)   A process server must comply with each document production demand in a subpoena from the Department within 20 days of the date on which the subpoena was issued, provided that the monetary penalties authorized by 6 RCNY § 6-30 for violation of 6 RCNY § 2-240 will not apply while such subpoena is the subject of a pending judicial proceeding. Each failure to comply with a document production demand in a subpoena is a separate violation.

   (d)   By February 1st and August 1st of each calendar year, a process server must submit, by electronic means, a certification to the Department stating whether it has served at least one summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceeding that is subject to the provisions of section 110 of the civil court act in the most recent six-month period, as follows: the February 1st certification must cover the six-month period from July through December of the previous year; the August 1st certification must cover the six-month period from January through June of the current year.

   (e)   Nothing in this section limits the Department's authority to request or inspect records or information pursuant to any other provisions of law or rule, including, but not limited to, the Commissioner's authority to conduct audits of process servers and process serving agencies pursuant to the first sentence of subdivision c of § 20-406.3 of the Administrative Code.

   (f)   A process server or process serving agency must produce each subpoenaed or requested document and record they are required to maintain pursuant to law or rule, even where they maintain their records with a third party. Each failure to comply is a separate violation.

(Added City Record 5/11/2020, eff. 6/10/2020; amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)

Subchapter X: Electronic or Home Appliance Service Dealers

§ 2-251 Prohibited Practices.

No service dealer or any of his or her agents or employees shall:

   (a)   charge for repairs that have not been made or for parts that have not been replaced; (b) replace parts that are not defective or make repairs that are unnecessary, without the consent of the customer unless it is a standard trade practice or the manufacturer's recommended procedure to replace interdependent parts;

   (c)   commence service work before the customer receives a Written Estimate and authorizes the repair, except as provided in 6 RCNY §§ 2-254(e) and (g) and 2-255(a); for the purpose of these regulations, that analysis and work which is necessary to render a written estimate shall not constitute the commencement of service work;

   (d)   refuse to return or reinstall an electronic or home appliance after full payment has been made or tendered for repairs which were authorized and performed;

   (e)   require a customer to sign a statement which attempts to absolve the repair shop from liability in connection with the service work performed, except that upon return of equipment, the service dealer may request a signed statement that such equipment was "received in good working order, subject to the customer's further inspection," which shall not constitute a waiver of liability;

   (f)   make any false promises or false statements of a character likely to mislead, deceive, influence, persuade or induce a customer to authorize or accept the repair, service or maintenance of the electronic or home appliance covered by this subchapter or withhold any information where such withholding is likely to have such effect;

   (g)   engage in conduct constituting negligence while in possession of the electronic or home appliance covered by this subchapter;

   (h)   depart from or disregard accepted trade standards for good and workmanlike repair in any material respect, without the consent of the customer;

   (i)   discriminate against a customer or fail to make repairs for a customer without just cause because the customer is exercising a right to have an electronic or home appliance repaired under a valid warranty or guarantee agreement, when the dealer holds himself out as or is authorized by a manufacturer to service or repair such electronic or home appliance;

   (j)   make a service call at a customer's home without taking or providing appropriate tools, testing equipment and parts which in the trade are commonly taken to make repairs in the home, unless prior notice is given to the customer that no repairs are made in the home;

   (k)   allow or require a customer to sign or accept any document which is blank or incomplete as to the information required by any of the regulations promulgated pursuant to Subchapter 24 of Chapter 2 of Title 20 of the Administrative Code or by the terms of such document itself;

   (l)   refuse to pay or fail to satisfy any legally enforceable final judgment secured against the licensee by a customer, provided that such judgment was secured against the service dealer for acts of commission or omission with regard to the business maintained, operated or conducted by him pursuant to the license issued under this subchapter;

   (m)   subcontract to a service dealer that is not licensed pursuant to this subchapter, where, in the determination of this Department, a service dealer is required to be licensed.

§ 2-252 Advertising by Service Dealers.

Advertising which is untrue, misleading or deceptive is prohibited. This includes, but is not limited to, advertising which does not comply with the following requirements:

   (a)   advertisements shall contain the true business identity of the principal service dealer, as shown on the license issued by this Department;

   (b)   advertisements shall not list a location for a repair service unless the service dealer actually maintains a place of business where repairs are accepted at the designated location;

   (c)   the use of terms such as, "guarantee," "guaranteed," "warranty," "warranteed," "no fix-no pay," "service dealer warranty," "service dealer guarantee," or words of like import, are prohibited unless a summary of the significant terms or qualifications thereof are clearly and completely stated including:

      (1)   the nature and extent of the guarantee or warranty as to duration and whether it applies to parts or labor or both; and

      (2)   the identity of the guarantor or warrantor. The advertisement must clearly identify whether the service dealer, the manufacturer, the retailer or any combination thereof is the guarantor or warrantor;

   (d)   if such terms as "repaired in the home" or "estimates given" are included in an advertisement, where there is a charge for this service, it shall be so stated therein;

   (e)   when using the word "free" or other words of similar import or meaning in advertising to which this section is applicable, all the terms, conditions and obligations upon which receipt and retention of a free item of merchandise or service are contingent must be set forth, clearly and conspicuously, at the outset so as to leave no reasonable probability that the terms of the advertisement or offer might be misunderstood. Stated differently, all of the terms, conditions and obligations must appear in close conjunction with the word "free," or similar words, in advertising. Disclosure of the terms of the offer, set forth in a footnote of an advertisement to which reference is made by an asterisk or other symbol placed next to the word "free" is not regarded as making disclosure at the outset. The terms, conditions and obligations must be printed in a type size at least half as large as the word "free" or the words of similar import or meaning. Offers of "free" merchandise or services, which may be deceptive for failure to meet the provisions of this section, may not be corrected by the substitution for the word "free" of such similar words and terms as "gift," "given without charge," "bonus," or other words and terms which tend to convey to the consuming public the impression that an article of merchandise or service is "free"

   (f)   terms such as "24 hour," "Day and Night," or "7-day" service, or words of like import, shall not be used to describe the operations of the service dealer unless, in close conjunction with such terms, it is also specified whether the service dealer actually performs repair service, will actually complete repairs or is open solely to accept repairs within such time or times;

   (g)   it shall not be stated or implied in any advertisement that repairs or services will be performed by a person who is "Factory Trained," "Factory Authorized," "Authorized," "Certified," or words of like import, unless such words are true and unless the name of the organization which has trained, authorized or certified such person appears in close conjunction with such word or words. None of these terms shall be used, if its use is based upon the fact that a license has been issued by the Department of Consumer Affairs.

§ 2-253 Display of Required Information.

   (a)   Required information on licensee's sign. Each licensee must prominently display in the department or area where electronic and home appliances are accepted for repair at each location of the service dealer a sign which contains the following information:

      (1)   the true identity of the service dealer:

         (i)   in the case of a corporation, the true and complete corporate name;

         (ii)   in the case of a partnership, the name of the partnership;

      (2)   the licensee's policy to accept "cash only" or "cash or certified check only," where applicable; and

      (3)   the following notice, which must be not less than 18 inches by 24 inches in dimension with letters of not less than 1 inch case print:

         NOTICE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS REQUIRES THAT:

            1.   The customer is entitled to a Written Estimate for all repairs.

            2.   No repair work shall be done without the customer's authorization.

            3.   In most circumstances, the service dealer must return replaced parts to the customer. If the service dealer charges for a written estimate, this fact shall be disclosed in Item 1 of the Notice set forth above.

(Amended City Record 7/26/2018, eff. 8/25/2018)