NYCAC

Subchapter 12 - DELAYED PAYMENT TRANSACTIONS: BILLING PRACTICES¶

Section 20-755¶

Section 20-755

  § 20-755  Definitions.  For  the  purposes  of  this  subchapter,  the
following definitions shall apply:
  a. "Delayed payment transaction" means a purchase of a good or service
by a consumer for which the provider  agrees  to  accept  payment  at  a
future  date.  This  shall  include,  but  not  be  limited to, one-time
purchases and ongoing accounts. It shall not include loans,  installment
purchases  or  other transactions which are subject to conflicting state
or federal regulation.
  b.  "Provider"  includes,  but  shall  not  be  limited  to,   general
merchandise stores, specialized merchandise stores, groceries, florists,
pharmacies,  dry  cleaners,  laundries, beauty salons, barbershops, shoe
and luggage repair shops,  appliance  repair  shops,  automobile  repair
shops,  gas  stations,  restaurants  and  bars.  It  shall  not  include
professionals such as accountants, attorneys, and  doctors,  where  such
professionals   are   providing  professional  services  as  opposed  to
providing products.
  c. "Consumer invoice" means a statement of monies owed to the provider
for delayed payment transactions, and shall include, but not be  limited
to, periodic statements such as weekly 'tabs' or monthly bills.
  d.  "Plain  language description" means a description in commonly used
words, containing sufficient detail to identify the type and quantity of
product or service being described.  It  shall  not  mean  a  provider's
transaction number or code, or a technical description not commonly used
among consumers.

Section 20-756¶

Section 20-756

  § 20-756  Consumer  invoices;  required  disclosure.  a.  Any  invoice
provided  to  the  consumer  of  a  delayed  payment  transaction  shall
separately disclose each item or service for which the consumer is being
billed, including the following specific disclosures:
  1. a plain-language description of the item or service provided;
  2. the make and model number, where applicable;
  3. the cost of the item or service;
  4. date of purchase or service;
  5. date of delivery, where applicable;
  6. the name and business address of the provider;
  7.  the  telephone  number  of  the  provider's  billing department or
customer service representative; and
  8. any  other  characteristics  of  the  transaction  required  to  be
disclosed by law or regulation.
  b.  Where  an itemized receipt or, in the case of a food store, a cash
register tape is given to the consumer at  the  time  of  purchase,  the
invoice  need  only  disclose the name, address, and telephone number of
the provider; the date of the transaction; and the dollar amount of  the
transaction.

Section 20-757¶

Section 20-757

  §  20-757  Unsolicited  offers. Offers for goods or services shall not
appear on any invoice for  a  delayed  payment  transaction  unless  the
customer  has  previously  agreed  to  receive  such  offers.  Where the
consumer has so agreed, and the item listed is  an  offer,  the  invoice
must  state  in  letters of point size equal to that of the amount to be
charged, "This is an offer." No offers shall be included  in  the  total
amount due and payable, but must be separately itemized and totalled.

Section 20-758¶

Section 20-758

  §  20-758  Violations.  Any  provider or agent or employee thereof who
shall violate any of the provisions of this subchapter, upon  conviction
thereof,  shall  be  punishable  by a fine of not more than five hundred
dollars ($500), and shall be liable for a civil penalty of  one  hundred
dollars ($100) for each violation.