BUSINESS ✔️Includes occupation, profession, trade, craft, or any other calling for hire.
COMMISSIONER or DIRECTOR ✔️The Commissioner of the Department of Labor, Licensing and Consumer Affairs.
CONSUMER ✔️An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a co-guarantor or
surety.
CONSUMER GOODS, SERVICES, CREDIT AND DEBTS ✔️Those which are primarily for personal, household or family purposes.
CONTRACT ✔️An oral or written agreement contained in one or more documents for the performance of work and includes all labor, goods and
services.
DECEPTIVE TRADE PRACTICES ✔️Any false, falsely disparaging or misleading oral or written statement, visual description, or other
representation of any kind, which has the capacity, tendency or effect of deceiving or misleading consumers or the consuming public and is
made in connection with a contract, preparation of or performance of a work estimate or invoice, in the extension of consumer credit, or in the
collection of consumer debts.
Representations regarding goods or services ✔️Goods or services have sponsorship, approval, accessories, characteristics, uses, benefits, or
quantities that they do not have.
Seller's false claims ✔️The seller has a sponsorship, approval, status, affiliation, or connection that he/she does not have.
Misrepresentation of goods ✔️Goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, or secondhand.
Quality misrepresentation ✔️Goods or services are of a particular standard, quality, grade, style, or model, if they are of another.
Use of exaggeration ✔️The use, in any oral or written representation, of exaggeration, innuendo or ambiguity as to a material fact.
Failure to state a material fact ✔️Failure to state a material fact if such failure deceived or tends to deceive.
Disparaging ✔️Disparaging the goods, services, or business of another by false or misleading representations of material facts.
Intent to Sell ✔️Offering goods or services without intent to sell them.
Public Demand Limitation ✔️Offering goods or services without intent to supply reasonably expectable public demand unless the offer disclosed
the limitation.
False Price Representations ✔️Making false or misleading representations of facts concerning the reason for, existence of or amounts of price
reductions, or the price in comparison to prices of competitors or one's own price at a past or future time.
Consumer Rights Misrepresentation ✔️Falsely stating that a consumer transaction involves consumer rights, remedies, or obligations.
Unneeded Services Misrepresentation ✔️Falsely stating that services, replacements, or repairs are needed.
Sale Price Misrepresentation ✔️Falsely stating the reasons for offering or supplying goods or services at sale or discount prices.
Appointment Failure ✔️The failure by any person engaged in the delivery, pickup, inspection, or repair of consumer goods and/or services in the
home to keep an appointment to perform the delivery of consumer goods and/or services on the day agreed upon with the consumer unless
the consumer has received written or verbal notice of delay or cancellation before the end of the preceding business day.
Department or Office ✔️The Department of Labor, Licensing and Consumer Affairs.
Engages ✔️The undertaking, offering to undertake, solicitation or agreement to perform a contract.
Licensee ✔️A person permitted to engage in a business licensed pursuant to the provisions of the appropriate article of this chapter.
Person ✔️Includes the definition contained in § 37 of the General Construction Law of the State of New York, as well as an individual,
partnership, or other entity.
Temporary License ✔️A license issued to a person for a period of time to perform work in accordance with the conditions as specified by the
Director, provided that the holder thereof pays the required license fee.
, What constitutes an unconscionable trade practice? ✔️Any act that unfairly takes advantage of a consumer's lack of knowledge, ability,
experience, or results in a gross disparity between value received and price paid.
What types of disasters can lead to unconscionable trade practices? ✔️Natural disasters such as hurricanes, tornadoes, flooding, blizzards,
explosions, airplane crashes, earthquakes, nuclear war, and civil unrest.
Who can establish the existence of a disaster for investigating unconscionable trade practices? ✔️A written declaration by either the County
Executive or a majority of the County Legislature.
What is required to engage in business regulated by the chapter on unconscionable trade practices? ✔️Obtaining a license from the Office in
accordance with the provisions of the chapter.
What does a license issued under this chapter not authorize? ✔️It does not authorize the licensee to perform work reserved for qualified
licensees under separate provisions of state or local law.
Who is exempt from needing a license under this chapter? ✔️Employees of federal, state, or local governments performing work on behalf of a
government entity or public authority.
Are employees of gas or electric corporations required to obtain a license? ✔️No, if they are performing work on behalf of their respective
corporations.
What is the significance of the date March 6, 2007, in relation to unconscionable trade practices? ✔️It is the date when the definition of
unconscionable trade practices was added to the legislation.
What is the purpose of the Director in relation to unconscionable trade practices? ✔️To initiate an investigation immediately after any natural
disaster or act of God that may lead to such practices.
What must be established to investigate unconscionable trade practices after a disaster? ✔️A written declaration confirming the occurrence of
the disaster.
What is the legal consequence of engaging in business without a required license? ✔️It is unlawful to do so unless exempt under specific
provisions.
What does the term 'acts of God' refer to in the context of unconscionable trade practices? ✔️Events beyond human control that can lead to
unfair trade practices, such as natural disasters.
What is the role of the County Legislature in the context of unconscionable trade practices? ✔️To declare the existence of a disaster that may
lead to investigations of unfair trade practices.
What is the amendment date that pertains to the licensing provisions? ✔️The licensing provisions were amended on December 17, 2002.
What is the implication of the term 'gross disparity' in unconscionable trade practices? ✔️It refers to a significant imbalance between the value
received by the consumer and the price they paid.
What is the significance of the amendment on March 23, 2010? ✔️It updated the exemptions for employees and operations under the licensing
provisions.
What is one example of an act that could be considered an unconscionable trade practice? ✔️Taking advantage of consumers during a natural
disaster by charging excessively high prices.
Can a person not employed by a government entity perform work on behalf of it without a license? ✔️No, they must be an employee of the
government entity to be exempt from licensing.
What is the potential impact of unconscionable trade practices on consumers? ✔️Consumers may end up paying much more than the fair value
of goods or services due to exploitation.
Who must submit applications for licenses? ✔️Applications must be submitted by an actual owner or partner of a business.
What is required to accompany a license application? ✔️A nonrefundable application fee and the application form provided by the Office.
What must the application be signed under? ✔️The application must be signed under oath.
What additional information may the Director require from applicants? ✔️The names and residence addresses of any employees or officers of
the applicant.