The Westchester Consumer Protection Department is working to clear up questions for consumers and businesses regarding credit card surcharges. More people than ever before are using credit and debit cards for payments in stores and restaurants instead of cash, and some merchants are now seeking to add surcharges to bills to recover their transaction fees for these plastic payments.
The NYS Court of Appeals recently clarified NYS GBL 518 as follows:
- Merchants can charge two different prices for purchases - by credit card and by cash;
- The higher price charged to credit card users must be tagged and posted for consumers in actual “dollars and cents” form; and
- Merchants can call the price differential a surcharge.
NYS law is now clear - if merchants decide to add a credit card surcharge to purchases, they should clearly inform consumers by posting the actual price with the surcharge and cannot do so in a misleading way. Consumers should not have to do math to figure out whether they are paying the surcharge.
To ensure that New York State Law complies with this court decision, the New York State Legislature recently updated General Business Law Section 518, and the new law was signed by the Governor in December 2023. Our office was involved in the drafting of this updated law after bringing this issue to the State Assemblywoman who sponsored this legislation.
The Westchester Consumer Protection Department is enforcing the law as follows:
- An extra fee for credit card purchases is allowed but it must be clearly set forth in the posted or tagged selling prices for goods or services, not only on the bill at end of the transaction.
- Merchants must either display both prices (cash and credit) or the higher credit card price only, and if a merchant fails to do this it is a violation of law.
- If the merchant only displays the cash price and says the credit card price is a certain percent higher, it is a violation.
Merchants cannot lure in consumers by only posting the lower cash discount price.
Consumers should be fully notified of the full price from the start of the transaction and businesses should post clear and conspicuous signage to notify and assist consumers.
Two sections of the Westchester Consumer Protection Code cover surcharges:
- Section 863.71(3c) makes it a violation for the marking of item prices and advertised prices “To sell or offer for sale any consumer goods or services at a greater price than the price displayed or advertised therefor.”
- Section 863.71(3e) makes it a violation to: “To add an additional fee to any transaction for consumer goods or services, beyond sales tax, and fail to provide adequate and reasonable notice of said fee during the transaction, including but not limited to the point of sale, price displays, signage and menus, and further, only adding said fee to bill or receipt at end of the transaction shall not be deemed adequate notice.”
Lastly, gasoline stations that offer two tier pricing (cash and credit) need to display the higher selling credit price as well as the discounted cash price. Drivers must know when pulling up to the pump what their highest cost exposure is before filling their tanks. Debit sales can be considered credit sales or cash sales, the determination being made by the merchant.
If consumers or businesses have questions about credit card or other surcharges, contact the Consumer Protection Department at or (914) 995-2155.
Crescent-shaped infant and nursing pillows are versatile and popular. They make it easier to feed babies by reducing strain on the arms, shoulder and neck, and prop babies up so they can practice sitting during supervised “tummy time” when a baby plays on the stomach.
However, crescent-shaped pillows such as the well-known Boppy™should NEVER be used as sleep aids or placed in a baby’s crib. The Boppy™ pillow is tagged with a warning and the no symbol plainly cautioning against the use of the product for sleeping babies. Additionally, the Boppy™ Web site specifically states: “We do not recommend using any of the Boppy™ pillow products for babies while sleeping.”
However, three recent child fatalities in Westchester were linked to crescent-shaped infant pillows. Two of the deaths involved children who were sleeping propped up on the pillow. The third involved a child who was put to sleep in a crib near a crescent-shaped pillow.
In each case, the cause of death was unexplained, and the fatalities were ruled to be the result of Sudden Infant Death Syndrome (SIDS). However, the Westchester Child Fatality Review Team found it significant that each case involved the improper use of a crescent-shaped pillow in the infant’s sleeping environment.
Safety Tips:
- Babies should be given a sleep surface that is flat, firm and free of blankets, quilts, toys, stuffed animals and pillows of any kind.
- Never lay your baby on top of a pillow to sleep or prop your baby’s head or neck up with pillows or soft items like rolled-up towels.
- Use a crib that meets current safety standards. See www.cpsc.gov.
- Babies left to sleep should be placed on their backs, not on their tummies.
You can stop many telemarketing calls from reaching your home by registering your phone number with the National Do Not Call Registry. It’s a simple, free and effective means to limit the telemarketing calls you receive. Joining the registry won’t stop all telemarketing calls from reaching your home, but you’ll get fewer calls than you did before. Below are instructions on how to join the National Do Not Call Registry, information about how the registry works, and tips on other ways to reduce unwanted telemarketing calls and protect your personal privacy.
Who Established the National Do Not Call Registry?
The registry was established by the Federal Trade Commission and the Federal Communications Commission.
How Do I Sign Up for the National Do Not Call Registry?
You can register by calling toll-free (1-888) 382-1222 from the telephone number you wish to register. For TYY call (866) 290-4236. You can also register online at www.donotcall.gov. To register online, you must provide an active e-mail address. The service is free.
Can I Register More Than One Telephone Number?
Yes. There is no limit on the number of personal telephone numbers that you can register. However, you may have to register more than once to cover all of your phone numbers. You can register up to three telephone numbers at one time if you register online at www.donotcall.gov. If you have more than three personal telephone numbers, you will have to go through the online registration process more than once to register all of your numbers. If you register by telephone you can only register one telephone number at a time. This is because you must call the registry from the phone number you wish to register. But you can register multiple personal phone numbers by calling the registry from each of the numbers.
Can I Register a Business Telephone Number?
No. The National Do Not Call Registry is only for home phone numbers.
Can I Register a Fax Number?
No. Faxes are not covered by the National Do Not Call Registry.
Can I Register a Cell Phone Number?
Yes, by calling (888) 382-1222 from the cell phone or by going to www.donotcall.gov.
Will My Cell Phone Be Assaulted by Telemarketing Calls if I Don’t Register?
No. Because telemarketers are prohibited from using automated dialers to call cell phone numbers, telemarketing calls to cell phone numbers are rare. However, there’s no harm in registering your cell phone number with the National Do Not Call Registry.
Will I Receive Confirmation That I have Registered?
If you register by phone, you will not receive confirmation. However, you can verify your registration by calling (1-888) 382-1222 or by logging onto www.donotcall.gov. If you register online, you will receive an email for each telephone number that you register. You need to open each email and click on the link in the email within 72 hours to activate your registration. If you don’t click on the link in the email, the number you tried to register will not be added to the registry.
Will My Registration Expire?
No. Congress changed the law so that registrations no longer expire. Telephone numbers on the registry will only be removed when they are disconnected and reassigned, or when the consumer chooses to remove a number from the registry.
What If I Get a New Telephone Number?
You will need to register the new number.
How Does the Registry Work?
Telemarketers are required to search the registry every 31 days and delete from their call lists the phone numbers of consumers who have registered.
How Soon After I Register Will I Start Getting Fewer Calls?
Telemarketers have up to 31 days from the date you register to stop calling you.
Will Registration Stop All Telemarketing Calls?
No. The National Do Not Call Registry does not apply to calls from or on behalf of political organizations, charities and telephone surveyors. The registry also does not apply to calls from companies with which you have an established business relationship (see below), or companies to whom you provided express written agreement to receive calls.
Can Some Companies Call Me After I Register?
Yes. If you bought, leased or rented something from a company (i.e., if you have an “established business relationship” with the company), the company can call you up to 18 months after the transaction -- even if your number is registered with the National Do Not Call Registry. In addition, if you submit an inquiry or application to a company, the company can call you for three months after the inquiry or application -- - even if your number is registered with the National Do Not Call Registry.
Can I Stop These Companies From Calling Me Again?
Yes. If you receive a call from a company with which you have an established business relationship, don’t just hang up. Instead, tell the caller that you wish to be put on the company’s “Do Not Call” list. Companies must keep their own Do Not Call lists and are prohibited from calling anyone on their list for 10 years.
Can I Stop Charities From Calling Me?
Calls made by charities are not subject to the restrictions of the National Do Not Call Registry, and charities are not required to keep their own Do Not Call lists. However, if a third-party telemarketer calls you on behalf of a charity, you can ask the telemarketer to not to call you again on behalf of that specific charity.
Are Telemarketing Calls from Overseas Covered by the National Do Not Call Registry?
Yes. Any telemarketer calling a U.S. consumer must comply with the registry, regardless of where the call originates.
How Do I File a Complaint About a Violation of the National Do Not Call Registry?
If your number has been registered for at least 31 days and you receive a call from a telemarketer that you believe is covered by the registry, you can file a complaint with the Federal Trade Commission online at www.donotcall.gov or by calling (888) 382-1222.
You need either the name or telephone number of the company that called you and the date of the call. Federal law requires anyone making a telephone solicitation call to your home to provide his/her name, the name of the entity on whose behalf the call is being made and a telephone number or address at which you may contact that entity.
What are the Penalties for Violating the National Do Not Call Registry?
Violators can receive a civil penalty of up to $11,000 per call.
Are There Restrictions on When a Telemarketer Can Call?
Even if a call is not prohibited by the National Do Not Call Registry, telemarketers are limited to calling you between the hours of 8 a.m. and 9 p.m.
How Else Can I Limit Telemarketing Calls?
Consider getting Caller ID on your home phone. Telemarketers are prohibited from using devices to block information from appearing on a consumer’s Caller ID box. Consider having your name unlisted or unpublished in the local telephone directory. Telemarketers often get their lists from this source. Have your name and phone number deleted from consumer credit lists that are provided to telemarketers by the major credit reporting agencies. You can do so by phone by calling (888) 5OPT-OUT or online at hwww.optoutprescreen.com.
Please note the Department of Consumer protection does not endorse any of the Web sites listed below, nor does the department advocate the accuracy of any of the information these sites contain, approve any of their affiliations or funding sources or endorse any of the opinions expressed on these outside Web sites. If you have a question or comment about any of these sites, contact them directly.
The Federal Reserve
The Federal Reserve has a user-friendly explanation of commonly used credit card terminology and a survey of major credit cards that is updated twice yearly. The survey includes information such as annual fee, annual percentage rate, length of grace period and features such as rebates on purchases, extension of manufacturer’s warranty, purchase protection/security, travel related insurance, travel related discounts and automobile rental insurance.
Consumer Action
Consumer Action, a nonprofit advocacy group, explains how consumer unfriendly practices such as universal default, penalty interest rates, two-cycle billing, balance transfer fees and retroactive interest hikes can work against you. It also has an annual survey of credit cards which highlights the card with the lowest interest rates, lowest annual fees, zero interest balance transfers with no transfer fees, and the most robust reward programs.
New credit card regulations have been in effect since February. New regulations relating to debit cards and gift cards go into effect in July and August, 2010, respectively.
Remember, these cards are not the same. Be aware of the differences – and use them responsibly.
Credit card changes (effective February)
Card issuers must notify you 45 days in advance about changes in your interest rate and provide to you information on how long it will take to pay off your existing balance.
- For the first year you have your credit card, if you pay your bills on time, the interest rate can’t be increased unless the card was a “variable rate” one or it had a special introductory rate. However rates may increase if you are 60 days or more late in paying your credit card bill or you have failed to comply with an agreed to credit card payment plan.
- If your interest rate changes, the new increased rate applies only to new charges. Your old interest rate applies to existing charges.
- Over-the-limit transactions (and the accompanying fees) can only happen if you have told your card issuer to allow them. Otherwise the transaction will be rejected.
- To obtain a credit card if you are under age 21, you need to show you can make the payments or have someone over 21 as a co-signer on the account.
Debit and ATM card changes (effective July 1, 2010)
- You may not be charged overdraft fees or able to exceed the amount of your available cash unless you gave your bank permission in advance.
- After Aug. 15 on existing accounts, your transaction will be denied for a purchase or an ATM withdrawal if you went over your limit unless you asked your bank for overdraft protection.
- After July 1, with new accounts, you can’t be charged overdraft fees unless you opt for overdraft protection (and you can opt out of the protection at any time).
- The new overdraft rules apply only to debit or ATM card use. They do not apply to overdrawn checks and automatic bill payments.
Retail and gift card users (effective Aug. 22, 2010)
- Inactivity and service fees can’t be charged to a card unless the card hasn’t been used for a year.
- Only one type of fee can be charged per month; and only after a year of inactivity (Types of fees are: inactivity fees, service fees, balance inquiry fees, etc.)
- Consumers must be given clear disclosure about any fees.
- Cards can’t have an expiration date of less than 5 years after the card was purchased or the last time it was “reloaded” with funds.