§ 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.

§ 5-37 Disclosure of Refund Policy.

Sellers of consumer goods and services must comply with all provisions of New York General Business Law § 218-a. This regulation does not limit a consumer's right to receive a refund, credit, exchange, or anything else permitted by law.

§ 5-38 Goods Temporarily in Short Supply.

   (a)   Scope. This section governs the sale of items which are temporarily in short supply because of extraordinary circumstances. Extraordinary circumstances can include fuel shortages, weather conditions, power failures, and strikes which result in limited deliveries of items to New York City consumers.

   (b)   Declaration of temporary shortage. The Commissioner of the Department of Consumer Affairs shall make declarations about items temporarily in short supply by:

      (1)   filing a declaration as soon as possible with the City Clerk; and

      (2)   publishing the declaration as soon as possible in The City Record; and

      (3)   sending the declaration to the media specified in Section 1043 of the Charter. A declaration of temporary shortage shall expire in 30 days, unless it is terminated sooner by declaration. The Commissioner may issue a renewed declaration of temporary shortage upon expiration of the original declaration.

   (c)   Unconscionable sales practices. A seller of items the Commissioner has declared in short supply may not:

      (1)   increase prices in excess of an amount reflecting normal market fluctuations, except in accordance with the exemption rules in 6 RCNY § 5-38(e);

      (2)   require consumers to purchase another item in order to get the item in short supply, if no additional purchase was required before the shortage;

      (3)   require the purchase of a minimum quantity of the item in short supply;

      (4)   fail to give all consumers an equal opportunity to purchase the item in short supply (to the extent that such opportunity existed before the temporary shortage). A seller may, however, give preference to a category of consumers having a special health- or safety-related need for the item in short supply.

   (d)   Deceptive sales practices prohibited. A seller of items the Commissioner has declared temporarily in short supply:

      (1)   may not represent falsely that an item is not available;

      (2)   must disclose any limitation or condition on sale of an item conspicuously in a sign at the point of sale.

   (e)   Exemption.

      (1)   A seller of items the Commissioner has declared temporarily in short supply may increase prices in excess of an amount reflecting normal market fluctuations if he or she can show that additional costs have been incurred in providing the item, through no fault of the seller or as a result of the seller's attempt to give consumers additional opportunities to purchase the item (for example, by increasing the hours during which an item can be purchased). This exemption only applies to the increased cost incurred by the seller.

      (2)   This exemption does not apply when another law or regulation prohibits a price increase.

      (3)   A seller using this exemption must keep records, for one year, of the increased costs incurred. The records shall be made available upon demand to the Department of Consumer Affairs.

   (f)   Failure to comply with this section within two days of an original declaration will not result in any penalty if the seller proves that he or she did not know of the declaration.

§ 5-39 Cancellation of Home Appointments.

   (a)   Cancellation of home appointments.

      (1)   When a seller makes an appointment with a consumer to pick up, deliver, inspect or repair goods at the consumer's home, the seller must keep the appointment or give the consumer written or verbal notice of cancellation. The notice must be received before the end of the business day before the day of the appointment. If it is impossible for the seller to give notice by the end of the day before the appointment day, the seller must give notice as soon as possible.

      (2)   When verbal notice is given, the seller must mail a notice of the cancellation the next day. This need not be done, however, if the seller and consumer reschedule the appointment for a date within three days of the date the seller cancelled.

      (3)   A seller may cancel an appointment without notice only if the cancellation is caused by the consumer, by natural disaster, or by strike. Employee illness and mechanical breakdown do not relieve the seller of the obligation to give notice.

   (b)   Record keeping. A seller who cancels an appointment must prepare, and keep for one year, a record with the following information:

      (1)   seller's name;

      (2)   consumer's name and address;

      (3)   description of the goods;

      (4)   date of appointment which was cancelled;

      (5)   date appointment has been postponed to, if any;

      (6)   date that notice of cancellation was given.