§ 5-24 Credit Card Limitations.

   (a)   A seller who accepts credit cards must conspicuously disclose every limitation the seller imposes on their use.

   (b)   Disclosures required by this section must appear at or near every entrance to the seller's business premises and in all advertising that indicates credit cards are accepted.

Part 4: Contracts and General Business Practices

§ 5-31 Future Services Contracts.

   (a)   Definition. A contract for consumer services that will be provided on a continuing basis is a "contract for future consumer services." However, this section does not apply to:

      (1)   boarding accommodations;

      (2)   travel arrangements made less than a year in advance;

      (3)   the sale of goods which include warranties of service and repair;

      (4)   services by non-profit educational institutions.

   (b)   Liability for cancellation. A consumer who cancels a contract for future services cannot be charged more than the full contract price. However, up to the amount of the full contract price, the consumer may be charged the total of the following amounts:

      (1)   5 percent of the cash price, or $50, whichever is less;

      (2)   the cost to the seller for any goods the consumer used or the consumer is keeping; (3) the portion of the full contract price representing services received by the consumer (if a consumer cancels a contract for lessons by missing consecutive lessons that represent at least 25 percent of the lessons in the entire course, those missed lessons up to 25 percent can be treated as services received by the consumer).

   (c)   Prompt refunds. If a buyer has paid a seller more money than this section allows a seller to keep, the seller must refund the extra payment, or make a refund available, within ten days of cancellation.

   (d)   Cancellation. Cancellation occurs when:

      (1)   the consumer mails the seller notice of intent to cancel; or

      (2)   the seller actually knows the consumer intends to cancel; or

      (3)   the consumer misses consecutive lessons that represent at least 25 percent of an entire course, and the consumer does not inform the seller in writing that he or she intends to remain enrolled.

   (e)   Notice. The seller's contract form must conspicuously disclose the seller's refund policy, and must contain the following notice in a prominent place: IF YOU CANCEL THIS CONTRACT (THE SELLER) MAY KEEP ONLY 5% OF THE CASH PRICE UP TO A MAXIMUM OF $50, PLUS A PORTION OF THE CONTRACT PRICE BASED UPON THE LESSONS OR SERVICES YOU HAVE USED. YOU MAY NOTIFY (THE SELLER) OF YOUR INTENT TO CANCEL BY MAIL, ADDRESSED TO (THE SELLER) AT (SELLER'S ADDRESS).

§ 5-32 Documentation of Transactions.

   (a)   Definitions.

      Audio equipment. "Audio equipment" means any apparatus or equipment that is used for sound reproduction, including but not limited to amplifiers, phonographs, radios, receivers, speakers, tape players, tape recorders and turntables. Audio equipment does not include prerecorded or blank audio recording tape or records.

      Photographic equipment. "Photographic equipment" means any apparatus or equipment used for the taking of photographs, including but not limited to cameras, camera cases, lenses and tripods. "Photographic equipment" does not include film, photograph albums or apparatus or equipment used to develop or enlarge photographs.

      Video equipment. "Video equipment" means televisions and any apparatus or equipment that is used in the process of producing images on a television set, including but not limited to video disk players, video game units and cartridges, video tape players and video tape recorders. "Video equipment" does not include prerecorded video discs and tapes or blank video tapes.

   (b)   Receipts. A seller must:

      (1)   offer a consumer a receipt for any retail purchase if the amount of the purchase is twenty dollars or more; and

      (2)   provide a consumer with a receipt upon request for any retail purchase if the amount of the purchase is between five and twenty dollars.

   (c)   Contents of receipts. The receipt must contain:

      (1)   the amount of money paid for each item;

      (2)   the total amount of money paid including a separate statement of tax;

      (3)   the date of the purchase;

      (4)   the legal name and address of the seller in accordance with Section "Legal Name" (5) where the cost of any item of "audio equipment," "photographic equipment" or "video equipment" exceeds one hundred dollars, any make and model number.

   (d)   Exemptions. This section applies to the retail sale of all consumer goods and services except:

      (1)   food or drink intended for on-premises consumption; or

      (2)   oil, gasoline or parking fees paid for in cash. Sellers of these goods and services must provide consumers with receipts upon request if the amount of a purchase is more than five dollars.

   (e)   Register tapes. A seller of food or drink for off-premises consumption may give the consumer a register tape containing the seller's name, the date, and the individual prices of items bought instead of giving a receipt.

   (f)   Other documents. Upon request, a seller must provide a consumer with a copy of any document related to the sale which was signed by the consumer.

§ 5-33 Transactions Negotiated in Spanish.

   (a)   Scope. This section applies to the purchase or lease of consumer goods and services by means of an agreement to pay in installments.

   (b)   When essential parts of a consumer agreement are negotiated in Spanish, the consumer must be given a Spanish translation of any documents related to the agreement. This requirement includes:

      (1)   any document which the consumer signs;

      (2)   any document containing the merchant's policy on refunds, cancellations or exchanges;

      (3)   any document containing terms and conditions of the agreement;

      (4)   any guarantees or warranties given by the merchant;

      (5)   any exclusion or modification of express or implied warranties. The consumer need not be given a Spanish translation of any document which the consumer will receive at a later date, such as monthly bills and sales slips for charge account purchases.

§ 5-34 Contract Cancellations.

   (a)   A contract for consumer goods or services may not be described as non-cancellable, unless the seller has performed all its obligations at the time the consumer signs the contract.

   (b)   A contract that complies with 6 RCNY § 5-34(a) may describe the fee or penalty that will be imposed if the consumer cancels, or may state that the consumer who does not perform his or her obligations under the contract will be responsible to the seller for damages.

§ 5-35 Pricing of Items with Manufacturer's Suggested Prices.

   (a)   Definition. 

      Manufacturer's suggested retail price. "Manufacturer's suggested retail price" means the list price, catalog price or any other retail price recommended by the manufacturer.

   (b)   A seller who sells or offers to sell any new item for more than the manufacturer's suggested retail price must:

      (1)   disclose the selling price;

      (2)   disclose the manufacturer's suggested retail price; and

      (3)   identify the manufacturer's suggested retail price as the price recommended by the manufacturer.

   (c)   The required information must be printed clearly and conspicuously on the item's price tag or label, and in any advertisement that states the item's selling price.

§ 5-36 Sale of Used Items.

   (a)   A seller of a used item must disclose clearly that the item is used, in any advertisement or sales transaction concerning the used item.

   (b)   Words such as "used," "antique," "demonstrator," "floor model," "rebuilt," "renovated," "restyled," or "remodeled" may be used to indicate that an item is used.