2023 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;
(15)  create  an internet website or webpage pursuant to section three
hundred ninety-c of the general business law, as added by  chapter  five
hundred nine of the laws of two thousand seven; and
(16)  exercise  such  powers  and  duties  granted to the secretary by
article  sixteen  of  the  energy  law  as  the  secretary  may  direct,
including,  but  not  limited to: consult with such president of the New
York state energy research and development authority in connection  with
investigations  conducted  by such president pursuant to article sixteen
of the  energy  law;  make  determinations  relating  to  compliance  by
products  with  the standards adopted pursuant to article sixteen of the
energy law; order the immediate cessation of any distribution,  sale  or
offer  for  sale,  import,  or installation of any product that does not
meet such standards; and  impose  civil  penalties  as  contemplated  by
article sixteen of the energy 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.