CONSUMER ALERT: NEW YORK DEPARTMENT OF STATE’S DIVISION OF CONSUM...

Shoppers Should Be Aware of Laws Protecting Consumers So They Can Make Informed Decisions in the Final Hours of the Holiday Shopping Season

Secretary Mosley: "It's important for consumers to pay attention to return and refund policies so you can exchange that item you'll never use for something you love."

Video & Audio of Secretary Mosley is Available Here

In the final hours of the holiday shopping season, the New York Department of State's Division of Consumer Protection is providing tips to help consumers navigate return and refund policies. According to the National Retail Federation, this year's holiday weekend from Thanksgiving Day through Cyber Monday set record levels for consumer spending. The State of Retail Returns 2024 Report states $743 billion dollars' worth of merchandise were returned last year. However, policies vary from store to store, making returns and refunds a challenge at times. Consumers should be aware of laws that protect them so they can make informed decisions about holiday returns and understand what to look for when reviewing return and refund policies.

"As the holiday shopping season comes to an end, both gift givers and receivers may have changed their minds about what they bought," said Secretary of State Walter T. Mosley. "But depending on where you're returning the items, there may be some limitations. It's important for consumers to pay attention, prior to purchase, the return and refund policy so you can exchange that item you'll never use for something you love."

The Division of Consumer Protection offers the following tips to help consumers navigate return and refund policies:

Pay Attention to Return Policies: New York State law requires that stores post their refund policies conspicuously - on the item, at the store entrance or on or near the cash register. Retailers must provide a written copy of the store's return policy when requested.

• New York State Law does not require retailers to accept returns; however, they must post a conspicuous notice visible to consumers before the point of sale, advising that no returns will be accepted.
• If the retailer does not post a return policy, the law requires the retailer accept returns of unused, undamaged merchandise within 30 days of the purchase date. The returned item must include a proof of purchase and the refund must be in the form of cash or credit based on the customer's preference.

Understand the Refund Terms: For retailers that allow returns, New York State law does not require refunds to be given in any specific manner. However, it does require the form of the refund - cash, credit or exchange - be clearly disclosed in advance of purchase. Retailers must also disclose any fees associated with the return. If no fee is listed, customers should inquire whether the store imposes a re-stocking fee for returned merchandise and determine prior to purchase if the item can be returned for a refund or only store credit.

Retain Any Proofs of Purchase: Consumers should hold on to receipts in the event a product needs to be returned. If purchasing gifts, ask if a gift receipt is available. It is also advised to keep the packaging of an item, along with its confirmation number.

Consumers having difficulty obtaining a refund are encouraged to file a complaint with the New York State Division of Consumer Protection.

About the New York State Division of Consumer Protection

Follow the New York Department of State on Facebook, X and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics. Sign up to receive consumer alerts directly to your email or phone here.

The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.

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