Proposed Rules regarding the CPL Penalty Schedule

Proposed Rules: Closed to Comments

Comment By: 
Friday, April 17, 2020

Statement of Basis and Purpose of Proposed Rule

The Department of Consumer Affairs (“DCA” or “Department”) is proposing to amend the Department’s consumer protection law penalty schedule to add an entry for violations of section 5-38 of chapter 5 of title 6 of the Rules of the City of New York, which requires sellers to comply with certain requirements when selling goods declared to be temporarily in short supply.  The Department is also proposing to add entries for:


Violations of section 5-09, which imposes limitations on offers made by sellers;


Violations of section 5-33, which creates requirements for transactions negotiated in Spanish; and


Violations of section 5-50, which creates requirements for the delivery of furniture and major appliances. 

The penalty for each of these added entries is found in section 20-703 of the New York City Administrative Code. 

The Department is also proposing to add language to the penalty schedule to incorporate a maximum penalty of $500 for knowing violations of the consumer protection law code and rules, which is provided for by section 20-703 of the New York City Administrative Code.

Sections 1043 and 2203(f) of the New York City Charter and sections 20-104(e) and 20-702 of the New York City Administrative Code authorize the Department of Consumer Affairs to make this proposed rule.

Pursuant to section 1043(d)(4)(ii) of the New York City Charter, this proposed rule is exempt from review and certification under Charter section 1043(d).

Public Hearing

.Proposed Rules regarding the Consumer Protection Law Penalty Schedule

Public Hearing Date: 
Friday, April 17, 2020 - 10:30am

Carlos Ortiz; 212 436 0345

Department of Consumer Affairs NY