NYS Division of Consumer Protection offers tips for handling common complaints
The New York State Division of Consumer Protection (DCP) assisted 31,689 New Yorkers with a variety of consumer protection matters related to COVID-19 in 2020, resulting in a record $2,831,400 being returned to consumers wallets.
The COVID-19 pandemic led to a rise in consumer protection issues that caused havoc in the lives of many as businesses and markets have been disrupted. Three out of the top five complaint categories in 2020 were direct results of the COVID-19 pandemic: travel interruptions and cancellations, entertainment cancellations and refunds, and other COVID-19-related issues, such as delivery delays, order cancellations, and gym membership fees. DCP played a central role in ensuring the welfare of New York consumers as more fraudsters took advantage of the challenges surrounding the pandemic.
New Yorker’s top five consumer complaints in 2020, along with tips to protect consumers, are below:
Travel interruptions and cancellations
DCP received 540 complaints on related issues, including canceled or rescheduled air travel, hotel rooms, rental cars, cruise reservations, and more. When making travel plans, consumers should:
•Pay careful attention to cancellation and refund policies. Often, reservations are offered with refundable and non-refundable rates. Paying a little more for a refundable rate could save you hundreds or thousands of dollars if you find yourself needing to cancel.
•Consider trip insurance, but carefully review the terms and conditions, especially what the insurance does and does not cover. Some trip insurance policies offer only partial refunds or limit coverage for extreme circumstances.
•Pay for tickets and reservations with a credit card. Some credit cards offer additional protections in the event of cancellations or while traveling. You may also have the option of disputing a charge if a company refuses to issue a due refund.
Entertainment cancellations and refunds
DCP received 382 complaints on related issues, including canceled tour reservations; concert, theater, and sporting event tickets; reception deposits, and more. When buying tickets or making event reservations, consumers should:
•Review the contract carefully. When booking a reception or event space, make sure the contract is clear about what happens to your deposit and any money paid if the event must be canceled or rescheduled, including provisions for cancellations by the vendor or forces out of your control.
•Pay careful attention to refund policies. If purchasing tickets, be sure to understand the seller’s policy if the event is postponed or canceled.
•Know your rights. In NYS, ticket sellers are required to refund the cost of the ticket if the event is canceled. This applies only to event cancellations, so find out from the seller what their policy is if the event is postponed.
Miscellaneous marketplace problems
DCP received 662 complaints on related issues, including delivery delays, order cancellations, gym membership fees, PPE fees, spa packages, tuition fees, and more. Consumers should:
•Expect delivery within 30 days. New Yorkers are buying more online, and shipping dates may be delayed due to the increased demand. If an item is not delivered within 30 days in New York and there is no consent to an extension, consumers are entitled to a full refund.
•Know your rights. NYS law does not allow a health club to charge dues or assess fees when the services for which members are paying are no longer being provided through no fault of the members. Members have the right to cancel or freeze their memberships without paying any fees or providing advance notice.
•Know your credit report. Reviewing your credit report can alert you to new accounts being opened or existing accounts being sent to collections – often before you receive a direct bill. Obtain a free copy of your credit report annually from annualcreditreport.com. Through April 2021, a copy is available to you weekly.
Refunds and Store Policies
DCP received 564 complaints on related issues, including return policies, restocking fees, refunds for damaged/undelivered goods, and more. Consumers should:
•Ask about refund policies. Stores must provide their refund policies on request. Ask whether the store imposes a restocking fee for returned merchandise or if it must be in a certain condition for the return to be accepted.
•Know your rights. In NYS, merchants must post their refund policies. If they do not, consumers can request a full refund or store credit within 30 days.
•Save all receipts for purchases to allow for ease of returns.
Internet and Online Services
DCP received 425 complaints on related issues, including erroneous charges, billing, quality of goods/services, and more. Consumers should be aware:
•Online is no excuse. Online companies must follow the same laws as physical, “brick-and-mortar” stores. For instance, they must post their refund policies and remove recalled goods from sale.
•Check on automatic contract renewals. It is now illegal in New York State to continue charging someone for an online service without offering an easy way to also cancel the service online.
•Beware of scams. With the increase of online shopping and shipping, scammers are setting up shop on social media and online marketplaces. If a deal looks “too good to be true,” it probably is. Look for merchants with posted policies and legitimate ratings. Do a quick web search on the company name and “scam” to see if negative reviews are posted anywhere.
The New York State Division of Consumer Protection serves to educate, assist, and empower its consumers. Consumers can file a complaint with the Division of Consumer Protection at www.dos.ny.gov/consumerprotection. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30 a.m. to 4:30 p.m. or visit the DCP website at www.dos.ny.gov/consumerprotection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.
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