447 – Enforcement; Penalties.
§ 447. Enforcement; penalties. Whenever there shall be a violation of this article, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant […]
448 – Separability.
§ 448. Separability. If any provision of this article or the application of such provision in certain circumstances shall be held invalid, the validity of the remainder of this article and its applicability to other circumstances shall not be affected.
445 – Duty of Buyer.
§ 445. Duty of buyer. 1. Except as provided in subdivision four of section four hundred forty-four of this article, within a reasonable time after a telephone sale has been cancelled and the buyer has received written notice from the seller that the buyer’s charge account has been recredited, the buyer upon demand shall tender […]
446 – Restriction on Assignment of Obligation.
§ 446. Restriction on assignment of obligation. 1. A seller shall not negotiate, transfer, sell or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the seller sent written notice to the buyer informing the buyer of […]
440 – Short Title; Purpose.
§ 440. Short title; purpose. This article may be cited as the “telephone sales protection act”. The purpose of this article is to afford consumers a “cooling-off” period to cancel a sale which is made as a result of high pressure telephone sales tactics.
441 – Definitions.
§ 441. Definitions. 1. (a) “Telephone sales business” shall mean a business which is primarily engaged in the solicitation of orders by telephone for: (1) merchandise or services connected with merchandise to be shipped to the customer through the mail or by other carrier, upon receipt of an order in a communication initiated by the […]
442 – Buyer’s or Other Obligor’s Right to Cancel.
§ 442. Buyer’s or other obligor’s right to cancel. 1. In addition to any other right otherwise to revoke an offer, the buyer or other person obligated for any part of the purchase price may cancel the telephone sale until midnight of the third business day after the day on which the buyer has received […]
443 – Form of Notice; Statement of Buyer’s Rights.
§ 443. Form of notice; statement of buyer’s rights. 1. In a telephone sale, the seller shall furnish to the buyer, in the same language as that principally used in the sales presentation, a written notice, which shall contain in not less than ten-point boldface type, a statement in substantially the following form: “You, the […]
444 – Restoration of Down Payment.
§ 444. Restoration of down payment. 1. Within thirty days after a telephone sale has been cancelled, the seller shall recredit the buyer’s charge account. 2. If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the seller. If the seller fails to […]