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State Gives Suggestions On How Some holiday presents cannot be returned or repaired if purchased at certain stores and certain times, the New York State Consumer Protection Board ("CPB") warned. While the CPB can help consumers mediate disputes with stores, the agency warns that there is no state law requiring stores to take back merchandise or refund money for undamaged goods. "The old adage of ‘checking the fine print’ is especially important when buying gifts," said C. Adrienne Rhodes, Chairman and Executive Director of the CPB. "Every store sets its own return and repair policy. The state does not have a law requiring refunds and store credits in undamaged merchandise." If a product needs to be repaired, consumers must also be aware of the policies of stores and even product manufacturers. "In some cases, merchandise cannot be repaired if it is purchased at a dealer who is not authorized by the manufacturer," Rhodes said. "We have received complaints recently about a vacuum cleaner purchased at stores not authorized to sell the products of certain manufacturers. Likewise, a discount department store is not honoring returns requested for a sewing machine sold inside its store at a booth operated by an independent sales company." The CPB often receives complaints and questions from consumers who mistakenly believe there is a state law requiring stores to offer up to 30 days for returns. While state law requires a store to clearly post return policy, it does not mandate them to accept the return of undamaged goods. Individual store return policies frequently require a receipt. Some stores offer a "gift receipt" for gift purchases. A gift receipt does not include the price of a product, but can still be used by a gift recipient to return an item to that store. Gift receipts must be specifically requested, and not all stores offer them. Store policies may also require that a consumer return the item with its original packaging; pay a restocking fee; or, receive a store credit, instead of cash. Sometimes these credits must be used before an expiration date. If a sore does not abide by its own return policy, the Consumer Protection Board will help consumers mediate disputes. Consumers should call the CPB at 1-800-697-1220.
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