2006 New York Code - Definitions.

 
    §  20-701 Definitions. a. Deceptive trade practice. Any false, falsely
  disparaging, or misleading oral or written statement, visual description
  or other representation of any kind made in connection  with  the  sale,
  lease,  rental  or  loan  or  in  connection with the offering for sale,
  lease, rental, or  loan  of  consumer  goods  or  services,  or  in  the
  extension  of  consumer  credit  or in the collection of consumer debts,
  which has the capacity, tendency or effect of  deceiving  or  misleading
  consumers. Deceptive trade practices include but are not limited to: (1)
  representations  that  goods  or  services  have  sponsorship, approval,
  accessories, characteristics, ingredients, uses, benefits, or quantities
  that they do not have; the supplier has a sponsorship, approval, status,
  affiliation, or connection that he or  she  does  not  have;  goods  are
  original  or  new  if  they  are  deteriorated,  altered, reconditioned,
  reclaimed, or secondhand; or, goods or  services  are  of  a  particular
  standard,  quality,  grade,  style or model, if they are of another; (2)
  the use,  in  any  oral  or  written  representation,  of  exaggeration,
  innuendo  or  ambiguity  as  to  a  material  fact or failure to state a
  material fact if such use deceives or tends to deceive; (3)  disparaging
  the  goods,  services,  or  business  of  another by false or misleading
  representations of material facts; (4) offering goods or  services  with
  intent  not to sell them as offered; (5) offering goods or services with
  intent not to supply reasonable expectable  public  demand,  unless  the
  offer  discloses  to  limitation  of  quantity;  and (6) making false or
  misleading representations of fact concerning the reasons for, existence
  of, or amounts of price reductions, or price in comparison to prices  of
  competitors  or  one's  own  price at a past or future time; (7) stating
  that a  consumer  transaction  involves  consumer  rights,  remedies  or
  obligations  that  it  does  not  involve;  (8)  stating  that services,
  replacements or repairs are needed if they  are  not;  and  (9)  falsely
  stating the reasons for offering or supplying goods or services at scale
  discount  prices.  b. Unconscionable trade practice. Any act or practice
  in connection with the sale, lease, rental or loan or in connection with
  the offering for sale, lease, rental or loan of any  consumer  goods  or
  services,  or  in the extension of consumer credit, or in the collection
  of consumer  debts  which  unfairly  takes  advantage  of  the  lack  of
  knowledge,  ability, experience or capacity of a consumer; or results in
  a gross disparity between the value received by a consumer and the price
  paid, to the consumer's detriment; provided  that  no  act  or  practice
  shall  be  deemed  unconscionable  under this subchapter unless declared
  unconscionable and described with reasonable particularity  in  a  local
  law,  or  in  a  rule  or regulation promulgated by the commissioner. In
  promulgating such rules and regulations the commissioner shall  consider
  among  other  factors: (1) knowledge by merchants engaging in the act or
  practice of the inability of consumers to receive  properly  anticipated
  benefits  from  the  goods  or  services  involved;  (2) gross disparity
  between the price of goods or services and their value measured  by  the
  price  at  which similar goods or services are readily obtained by other
  consumers; (3) the fact that the acts or practices may enable  merchants
  to  take  advantage  of the inability of consumers reasonably to protect
  their interests by reason of physical or mental infirmities,  illiteracy
  or  inability  to understand the language of the agreement, ignorance or
  lack of education, or similar factors; (4) the degree to which terms  of
  the  transaction require consumers to waive legal rights; (5) the degree
  to which terms of the transaction require consumers to jeopardize  money
  or  property  beyond  the  money or property immediately at issue in the
  transaction; and  (6)  definitions  of  unconscionability  in  statutes,
  regulations, rulings and decisions of legislative, or judicial bodies in
  this  state or elsewhere. c. Consumer goods, services, credit and debts.


  As used in section 20-700 of this subchapter and subdivisions a and b of
  this section, goods, services, credit and debts which are primarily  for
  personal,  household  or  family  purposes.  d. Consumer. A purchaser or
  lessee  or  prospective  purchaser  or  lessee  of the consumer goods or
  services or consumer  credit,  including  a  co-obligor  or  surety.  e.
  Merchant.  A  seller,  lessor, or creditor or any other person who makes
  available either directly or indirectly, goods, services or  credit,  to
  consumers.  "Merchant"  shall  include  manufacturers,  wholesalers  and
  others who are responsible for any act or practice  prohibited  by  this
  subchapter.