NY Exec L § 94-A (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 94-A - Consumer Protection Division.

§  94-a. Consumer protection division. 1. Legislative declaration. The legislature hereby finds and declares that the consumption of goods  and services is an economic activity that affects the life of every citizen. The   legislature  further  finds  that  unscrupulous  and  questionable business practices are detrimental to the  economic  well-being  of  the citizens of this state. In order to protect the people of New York state from economic harm the legislature finds that it is appropriate that the responsibilities of the consumer protection board be consolidated into a new consumer protection division under the supervision of the secretary.   2.  Consumer  protection division. (a) The secretary shall establish a consumer protection division in the department.  (b) The secretary is  authorized  to  establish  within  the  consumer protection  division  one or more units and assign appropriate functions to any such unit and may appoint such staff as necessary  and  prescribe their  duties  and  fix  their  compensation  within  the  appropriation provided by law.  (c) The secretary shall establish  a  public  education  and  outreach campaign to publicize the consumer protection division so as to maximize public awareness of, and the services provided by, such division.   3.  Powers of the consumer protection division. (a) The division shall have the power and duty to:  (1)  receive  complaints  of  consumers,  attempt  to   mediate   such complaints  where  appropriate,  and refer complaints to the appropriate unit of the department, or federal, state or local agency authorized  by law for appropriate action on such complaints;  (2)  coordinate  the  activities  of  all  state  agencies  performing consumer protection functions;  (3) initiate and encourage consumer education programs;  (4) conduct investigations, research, studies and analyses of  matters affecting the interests of consumers;  (5)  cooperate with and assist the attorney general and the department of  financial  services  in  the  carrying  out  of  legal   enforcement responsibilities for the protection of consumers;  (6)  implement  other powers and duties by regulation and otherwise as prescribed by any provision of law;  (7) (i) advise and make recommendations to  the  governor  on  matters affecting  the  consumers  of  the  state  and promote and encourage the protection of the legitimate interests of consumers within the state;  (ii) study the operation of consumer protection laws and recommend  to the governor new laws and amendments of laws for consumer protection;  (8)  represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies;  (9) establish a process  by  which  victims  of  identity  theft  will receive  assistance  and information to resolve complaints. To implement the process the secretary shall have the authority to:  (i) promulgate rules and regulations to administer the identity  theft prevention and mitigation program; and  (ii)  act as a liaison between the victim and any state agency, public authority, or any municipal department or agency, the division of  state police,   and   county   or   municipal   police  departments,  and  any non-governmental entity, including but not limited to,  consumer  credit reporting  agencies,  to facilitate the victim obtaining such assistance and data as will enable the program to carry  out  its  duties  to  help consumers  resolve  the  problems  that  have resulted from the identity theft. Trade secrets and proprietary business information  contained  in the  documents  or records that may be received by the division shall be exempt from disclosure to the extent  allowed  by  article  six  of  the public officers law;  (10)  undertake  activities  to  encourage  business  and  industry to maintain high standards of honesty, fair business practices, and  public responsibility  in  the production, promotion and sale of consumer goods and services;  (11)  conduct  product  research  and  testing and, where appropriate, contract with private agencies and firms for  the  performance  of  such services;  (12) cooperate with and assist local governments in the development of consumer protection activities;  (13)  establish  advisory  councils to assist in policy formulation on specific consumer problems;  (14) cooperate with and assist consumers in class  actions  in  proper cases; and  (15)  create  an internet website or webpage pursuant to section three hundred ninety-c of the general business law.   4. Utility intervention unit. (a)  There  is  established  within  the division a state utility intervention unit.  (b) The utility intervention unit shall have the power and duty to:  (i) on behalf of the secretary, initiate, intervene in, or participate in   any  proceedings  before  the  public  service  commission  or  the department of public service,  to  the  extent  authorized  by  sections three-b,  twenty-four-a,  seventy-one,  eighty-four or ninety-six of the public service law or any other applicable provision of law, where he or she deems such initiation, intervention or participation to be necessary or appropriate;  (ii) represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies  engaged  in  the regulation of energy services;  (iii)  accept  and investigate complaints of any kind from Long Island power authority consumers, attempt  to  mediate  such  complaints  where appropriate  directly  with  such  authority and refer complaints to the appropriate state or local agency authorized by law to take action  with respect to such complaints; and  (iv)  hold  regular  forums  in each of the service territories of the combination gas and electric corporations, as defined under section  two of  the  public  service  law,  and  the  Long Island power authority to educate consumers  about  utility-related  matters  and  the  regulatory process,  opportunities  to lower energy costs, including through energy efficiency and  distributed  generation,  and  other  matters  affecting consumers.   5.  Reports. (a) No later than March fifteenth of each year, beginning in two thousand twelve, the secretary shall furnish to the governor, the speaker of the assembly and the temporary  president  of  the  senate  a report  describing  the  activities of the consumer protection division. The secretary shall prepare quarterly a  report  to  the  governor,  the speaker of the assembly and the temporary president of the senate of the category  and  number  of complaints received by the division during the previous quarter in  sufficient  detail  to  assist  the  recipients  in determining  the  need  for  additional  laws  for the protection of the consumer. Additionally, all such complaints  received  by  the  division shall be maintained on a category by category basis.  (b)  No  later  than January first, two thousand twelve, the secretary shall furnish to the governor, the  speaker  of  the  assembly  and  the temporary  president of the senate a report describing the activities of the consumer protection division  regarding  the  public  education  and outreach  campaign required pursuant to paragraph (c) of subdivision two of this section.