Frequently Asked Consumer Questions


FREQUENTLY ASKED CONSUMER QUESTIONS

1. How can I stop debt collectors from contacting/harassing me? Under the federal Fair Debt Collection Practices Act, a consumer has the right to notify the debt collector to cease all communication. The notice to the collection agency must be in writing. Upon receipt of the notice, the debt collector is prohibited from communicating with the consumer, except to advise the consumer that the agency's collection activities are being terminated, or to notify the consumer that the agency or the creditor intends on pursuing legal action. For additional information regarding debt collectors, please refer to our new Debt Collection Brochure located on our web site at: http://www.nysconsumer.gov/publications.htm. 2. Where can I file a complaint against an auto repair shop? For auto repair complaints occurring within 90 days/3,000 miles of repair, you should contact the NYS DMV Division of Vehicle Safety Services. To ask how to file your complaint, call (518) 474-8943 between 8:30 a.m. and 4:15 p.m. weekdays, except State holidays. You may also write to: Consumer Services, Box 2700-ESP, Albany, NY 12220-0700. For complaints occurring after 90 days/3,000 miles of repair, you may contact: NYS Consumer Protection Board 5 Empire State Plaza, Suite 2101 Albany, NY 12223 3. How can I find out if there are any unclaimed funds being held in my name? Banks, insurance companies, utilities, investment companies and many other businesses are required by State law to surrender inactive accounts to the State. The Office of the State Comptroller serves as custodian of this money until it is claimed. The State of New York never takes ownership of this money and will return it to its rightful owner without charge. Thus, it is not necessary to seek a commercial service to access your unclaimed funds. To find out if there are any unclaimed funds in your name, you should contact the Office of the State Comptroller at: Office of Unclaimed Funds 110 State Street Albany, New York 12236 1-800-221-9311 (Monday through Friday, 7:00 am - 5:00 pm) E-Mail: nysouf@osc.state.ny.us or click on “Unclaimed Funds Search” 4. How do I reduce the amount of unsolicited marketing mail I receive? Send a request in writing to: Mail Preference Service Direct Marketing Association PO Box 9008 Farmingdale, NY 11735-9008 http://www.the-dma.org Include your name and address and request that this information be removed from unsolicited advertising lists of marketers who subscribe to this service. Also, complete and mail any opt-out notice in unsolicited catalogues and other advertisements. 5. How do I register for the National Do Not Call Registry? How do I file a “Do Not Call” complaint? To stop most telemarketing calls, consumers should register their home and cell phones on the National Do Not Call Registry at http://www.donotcall.gov or by calling 1-888-382-1222 from the phone they wish to register. Consumers may also use the same web address and phone number to file a complaint. 6. How do I stop pre-approved credit card offers? On September 30, 1998, revisions to the Federal Fair Credit Reporting Act went into effect which required credit reporting agencies to provide a toll-free number for consumers to call and "opt out" of pre-approved credit offers. This means that instead of having your name and credit-worthiness information considered when credit card companies and others ask credit reporting agencies to "screen" for people who meet the company's criteria, your name will be considered "off limits" at your request. The New York State Consumer Protection Board (CPB) successfully lobbied the credit reporting industry to establish one toll-free number for all three national systems: 1-888-567-8688. The information listed through this toll-free number is communicated to the bureaus daily and electronically posted on the individual's files. It should be noted that this number is answered by an electronic answering system, which requires the consumer to leave his or her Social Security number. 7. How can I get a free copy of my credit report? Consumers should be proactive in protecting their personal information and checking the accuracy of their credit file by obtaining a free copy of their credit report each year from the three major credit reporting bureaus: TransUnion, Equifax and Experian online at www.annualcreditreport.com or by calling 1-877-322-8228. 8. Is a business required to give a cash refund? No. However, the law requires that retail stores must post their refund or exchange policy in a conspicuous manner and shall state whether or not it is the policy of such establishment to give refunds or store credit only. 9. Do I have 3 days to cancel any contract in New York State? There is no general “cooling-off” law in New York. Only certain types of transactions can be canceled within a 3 day cooling off period. These include: door to door sales, health club membership sales, campground membership sales, and home improvement repair contracts over $500. 10. If I receive merchandise that I didn’t order, can I be charged for it? When merchandise is sent, although not ordered or requested by the consumer, the item is deemed a gift which the consumer may use or dispose of without any obligation. To avoid the consumer's assumption that unordered goods must be paid for, New York law requires that the goods include a conspicuous notice stating that payment is not required.