Electronics

RCNY tit. 6, ch. 2, subch. X

in effect

6 RCNY § 2-251 Prohibited Practices by Service Dealers.

§ 2-251 Prohibited Practices by Service Dealers. No service dealer or any of their agents or employees shall: (a) charge for repairs that have not been made or for parts that have not been replaced; (b) replace parts that are not defective or make repairs that are unnecessary, without the consent of the customer unless it is a standard trade practice or the manufacturer's recommended procedure to replace interdependent parts; (c) commence service work before the customer receives a Written Estimate and authorizes the repair, except as provided in 6 RCNY §§ 2-254(e) and (g) and 2-255(a); for the purpose of these regulations, that analysis and work which is necessary to render a written estimate shall not constitute the commencement of service work; (d) refuse to return or reinstall an electronic or home appliance after full payment has been made or tendered for repairs which were authorized and performed; (e) require a customer to sign a statement which attempts to absolve the repair shop from liability in connection with the service work performed, except that upon return of equipment, the service dealer may request a signed statement that such equipment was "received in good working order, subject to the customer's further inspection," which shall not constitute a waiver of liability; (f) make any false promises or false statements of a character likely to mislead, deceive, influence, persuade or induce a customer to authorize or accept the repair, service or maintenance of the electronic or home appliance covered by this subchapter or withhold any information where such withholding is likely to have such effect; (g) engage in conduct constituting negligence while in possession of the electronic or home appliance covered by this subchapter; (h) depart from or disregard accepted trade standards for good and workmanlike repair in any material respect, without the consent of the customer; (i) discriminate against a customer or fail to make repairs for a customer without just cause because the customer is exercising a right to have an electronic or home appliance repaired under a valid warranty or guarantee agreement, when the dealer holds himself out as or is authorized by a manufacturer to service or repair such electronic or home appliance; (j) make a service call at a customer's home without taking or providing appropriate tools, testing equipment and parts which in the trade are commonly taken to make repairs in the home, unless prior notice is given to the customer that no repairs are made in the home; (k) allow or require a customer to sign or accept any document which is blank or incomplete as to the information required by any of the regulations promulgated pursuant to Subchapter 24 of Chapter 2 of Title 20 of the Administrative Code or by the terms of such document itself; (l) refuse to pay or fail to satisfy any legally enforceable final judgment secured against the licensee by a customer, provided that such judgment was secured against the service dealer for acts of commission or omission with regard to the business maintained, operated or conducted by him pursuant to the license issued under this subchapter; or (m) subcontract to a service dealer that is not licensed pursuant to this subchapter, where, in the determination of this Department, a service dealer is required to be licensed. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-252 Advertising by Service Dealers.

§ 2-252 Advertising by Service Dealers. Advertising which is untrue, misleading or deceptive is prohibited. This includes, but is not limited to, advertising which does not comply with the following requirements: (a) advertisements must contain the true business identity of the principal service dealer, as shown on the license issued by this Department; (b) advertisements must not list a location for a repair service unless the service dealer actually maintains a place of business where repairs are accepted at the designated location; (c) the use of terms such as, "guarantee," "guaranteed," "warranty," "warranteed," "no fix-no pay," "service dealer warranty," "service dealer guarantee," or words of like import, are prohibited unless a summary of the significant terms or qualifications thereof are clearly and completely stated including: (1) the nature and extent of the guarantee or warranty as to duration and whether it applies to parts or labor or both; and (2) the identity of the guarantor or warrantor. The advertisement must clearly identify whether the service dealer, the manufacturer, the retailer or any combination thereof is the guarantor or warrantor; (d) if such terms as "repaired in the home" or "estimates given" are included in an advertisement, where there is a charge for this service, it shall be so stated therein; (e) when using the word "free" or other words of similar import or meaning in advertising to which this section is applicable, all the terms, conditions and obligations upon which receipt and retention of a free item of merchandise or service are contingent must be set forth, clearly and conspicuously, at the outset so as to leave no reasonable probability that the terms of the advertisement or offer might be misunderstood. Stated differently, all of the terms, conditions and obligations must appear in close conjunction with the word "free," or similar words, in advertising. Disclosure of the terms of the offer, set forth in a footnote of an advertisement to which reference is made by an asterisk or other symbol placed next to the word "free" is not regarded as making disclosure at the outset. The terms, conditions and obligations must be printed in a type size at least half as large as the word "free" or the words of similar import or meaning. Offers of "free" merchandise or services, which may be deceptive for failure to meet the provisions of this section, may not be corrected by the substitution for the word "free" of such similar words and terms as "gift," "given without charge," "bonus," or other words and terms which tend to convey to the consuming public the impression that an article of merchandise or service is "free"; (f) terms such as "24 hour," "Day and Night," or "7-day" service, or words of like import, must not be used to describe the operations of the service dealer unless, in close conjunction with such terms, it is also specified whether the service dealer actually performs repair service, will actually complete repairs or is open solely to accept repairs within such time or times; and (g) it must not be stated or implied in any advertisement that repairs or services will be performed by a person who is "Factory Trained," "Factory Authorized," "Authorized," "Certified," or words of like import, unless such words are true and unless the name of the organization which has trained, authorized or certified such person appears in close conjunction with such word or words. None of these terms shall be used, if its use is based upon the fact that a license has been issued to the service dealer by the Department of Consumer and Worker Protection. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-253 Display of Required Information by Service Dealers.

§ 2-253 Display of Required Information by Service Dealers. (a) Required information on service dealer's sign. Each service dealer must prominently display in the department or area where electronic and home appliances are accepted for repair at each location of the service dealer a sign which contains the following information: (1) the true identity of the service dealer: (i) in the case of a corporation, the true and complete corporate name; (ii) in the case of a partnership, the name of the partnership; (2) the service dealer's policy to accept "cash only" or "cash or certified check only," where applicable; and (3) the following notice, which must be not less than 18 inches by 24 inches in dimension with letters of not less than 1 inch case print: NOTICE NEW YORK CITY DEPARTMENT OF CONSUMER AND WORKER PROTECTION REQUIRES THAT: 1. The customer is entitled to a Written Estimate for all repairs. 2. No repair work shall be done without the customer's authorization. 3. In most circumstances, the service dealer must return replaced parts to the customer. If the service dealer charges for a written estimate, this fact must be disclosed in Item 1 of the Notice set forth above. (Amended City Record 7/26/2018, eff. 8/25/2018; amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-254 Disclosures Required for Repairs Made on Service Dealer's Premises.

§ 2-254 Disclosures Required for Repairs Made on Service Dealer's Premises. (a) Definitions. Written estimate. For purposes of this subchapter, the term "Written estimate" means a signed writing containing: (1) a list of the parts to be replaced and the costs of the replacements, as well as a general description of the labor required for the repair and its total cost; and (2) a statement of the additional charges, if any, including any already incurred for the Written Estimate, pick-up and delivery, service call, storage, installation, the temporary loan of an electronic or home appliance during the repair of the customer's property, or any other extra charges, excluding tax; and (3) the estimated delivery date or range of delivery dates of the repair; and (4) a statement that the final cost (excluding tax) will not exceed the estimated cost by more than 20 percent. If such statement is not provided, it shall be presumed that the final cost (excluding tax) will not exceed estimated cost; and (5) the service dealer's policy regarding warranties and guarantees on parts and labor, including: (i) the service dealer's warranties or guarantees given in connection with repairs, and (ii) any manufacturer's warranties or guarantees honored by the service dealer with respect to the servicing performed; and (6) a brief description of the item's malfunction by the person or persons who diagnosed the repair. (b) Work order required. Any service dealer or their employee who removes an electronic or home appliance from a home or accepts the same for repair at their place of business must, before removing or taking custody thereof, furnish the customer or their agent with a legible copy of a Work Order, which shall also serve as a receipt, stating the following information: (1) the legal business identity, address, license number and telephone number of the principal licensee, as shown on the license issued by this Department; (2) the name and signature of the person who actually takes the electronic or home appliance into custody; (3) a description of the electronic or home appliance, including make, model and serial number, where available, or such other features as will reasonably identify the item accepted for repair; (4) the date the set was accepted for repair; (5) the name and address of the owner of the electronic or home appliance; (6) a brief description by the customer of the item's malfunction; (7) the date or range of dates on which the customer is to receive a Written Estimate, if not already furnished; (8) a written schedule of charges, if any, for giving a Written Estimate, pick-up and delivery, service call, storage, installation, and the temporary loan of an electronic or home appliance during the repair of the customer's property, and any other charges; where a service dealer's policy is to credit any of the above charges to the final cost of the repair, such credit must be clearly indicated in computation of the Written Estimate; and (9) notice that "Pursuant to the Regulations of the Department of Consumer and Worker Protection, your property is covered against loss by fire, theft or damage while in the custody of the service dealer." (c) Written estimate and signed authorization required. Prior to the commencement of work, a service dealer must provide the customer or their agent with a Written Estimate and on the same document secure the customer or agent's signed authorization to repair at the Written Estimate price. The Work Order, Written Estimate, authorization and Final Bill may be included in the same document, so long as the information required by 6 RCNY § 2-254(a) and (b) and the provisions of 6 RCNY § 2-257 is included therein. (d) Return of unauthorized repair. If, after receiving the Written Estimate, the customer or their agent fails to authorize the repairs at the estimated cost, the electronic or home appliance must be returned within five working days in substantially the same condition as when released to the service dealer. In this case, the service dealer shall be entitled to receive payment only for those items specified in 6 RCNY § 2-254(b)(8) which were actually provided and disclosed on the Work Order. (e) Exemption from requirement of written estimate. 6 RCNY § 2-254(c) shall not apply and the Written Estimate of the total charges for repair may be verbally communicated to the customer if the service dealer informs the customer of the customer's right to a Written Estimate, and if: (1) time or distance constraints make it impractical to deliver a Written Estimate and obtain a signed authorization before the date agreed upon for repairs to commence; and (2) oral agreement to proceed is reached with the customer before the actual repair is commenced and the service dealer: (i) mails a copy of the Written Estimate to the customer before such repairs are commenced, and (ii) a notation is made of the date, time, person receiving the authorization to commence, and the name of the person authorizing the repairs. Once oral agreement is reached and the Written Estimate is mailed, the service dealer need not wait for the customer to receive the mailed Written Estimate or return a written consent before commencing repairs. (f) Charges in excess of estimate. (1) Total charges (excluding tax) for repairs made must not exceed the original estimate or any subsequent estimate by more than 20 per cent, without the previous written or oral consent of the customer. Such consent may be communicated orally, provided that a notation is made of the date, time, person receiving such consent, and the name of the person authorizing the additional repairs and the service dealer mails a copy of the Written Estimate to the customer before such repairs are commenced. (2) When the final total charges (excluding tax) exceed the estimate by more than 20 percent and the customer does not authorize the increased cost estimate, the service dealer must reassemble the item and return same within five working days, without charging the customer a sum in excess of repairs completed and authorized in the Written Estimate. (g) Exemption. Repairs made pursuant to an agreement between the customer and the service dealer that, for a fixed fee and for a specified time of at least nine months, an electronic or home appliance will be maintained or repaired without additional charge, are exempted from all of the provisions of this section, except 6 RCNY § 2-254(b)(1) through (6) and (8) and (9), but only to the extent of those repairs covered by such agreement. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-255 Disclosure Required for Repairs Made in the Customer's Home.

§ 2-255 Disclosure Required for Repairs Made in the Customer's Home. (a) Estimate and authorization required. Every service dealer who makes a repair in the customer’s home must not commence work without: (1) informing the customer of their right to request a Written Estimate and, if there is a charge for a Written Estimate, the amount of such charge; and (2) furnishing the customer or their agent with an estimate, which must be in writing if the customer so requests and which conforms in substance to the requirements of a Written Estimate, except that such estimate need not comply with the requirements of 6 RCNY § 2-254(a)(3); and (3) obtaining the customer’s or their agent’s signed authorization to proceed with repairs, except that such authorization may be orally communicated under the circumstances and in the manner specified in 6 RCNY § 2-254(e) and (f). (b) Final bill required. Every service dealer who makes a repair in the customer’s home shall not collect a fee for repair unless the service dealer has first delivered a Final Bill, as defined in 6 RCNY § 2-257, to the customer or their agent. If neither the customer nor their agent is present, the Final Bill must be left at the customer’s premises. The estimate, authorization and Final Bill may be contained in the same document, so long as the information required by 6 RCNY § 2-255(a) and (b) is included therein. (c) Charges in excess of estimate. The total charges (excluding tax) for repairs must not exceed the original estimate by more than 20 percent, without the service dealer first receiving the customer’s written or oral consent to proceed with repairs, as provided by 6 RCNY § 2-254(f). When the customer does not authorize the increased cost estimate, the service dealer must reassemble the item, in which case the service dealer shall receive payment for only those repairs and costs which were authorized and completed, and only to the extent of the price provided in the estimate. (d) Disclosure of service call charge. A service dealer who charges for a service call separately from the costs of repair must fully disclose these policies prior to making a service call. If the charge for a service call is not a fixed, but a variable amount, a service dealer must also disclose the applicable method of computation. Failure to make such disclosures shall be deemed to be an untrue and misleading practice. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-256 Estimated Completion Date by Service Dealers.

§ 2-256 Estimated Completion Date by Service Dealers. (a) A service dealer must conspicuously set forth on the Written Estimate a delivery date or range of delivery dates, pursuant to 6 RCNY § 2-254(a)(3). (b) Delivery of the repaired item, together with a Final Bill, as defined in 6 RCNY § 2-257, must be made by the latest date promised or stated for delivery in the Written Estimate, unless the customer is notified of the delay and the new anticipated delivery date or range of delivery dates in writing or by verbal communication supplemented within one day by a writing. If the customer does not accept a new delivery date, then he or she must be informed of their right to request return of their property, completely reassembled, in which case the service dealer shall receive payment for only those charges specified on the Written Estimate which were authorized and actually completed. If the customer does not agree to the service dealer’s request for an extension of time, and if the service dealer originally picked up the property at the customer’s premises, then the property must be returned to the customer’s premises within five working days; in all other cases, the property must be ready within three working days to be picked up by the customer or their agent. (c) When failure to make timely delivery is caused solely by the customer, a strike, or an act of God, it shall not be a violation of this section, except that notice of the delay and the new anticipated delivery date or range of delivery dates must be given to the customer as soon as possible in the manner provided in 6 RCNY § 2-256(b). (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-257 Final Bill Required from Service Dealers.

§ 2-257 Final Bill Required from Service Dealers. (a) A service dealer must give a legible copy of the Final Bill, together with the repaired item, to every customer. (b) A Final Bill means a document containing: (1) the date of the Final Bill; (2) the true legal identity, business address and license number of the service dealer, as shown on the license issued by this Department; (3) the name and address of the customer; (4) a description of the item serviced, including make, model and serial number, where available, or such other features as will reasonably identify the item left for repair; (5) the complete and legible signature of the service dealer or their agent, or in cases where service is performed and completed in the customer’s home, the signature of the agent who performed the service; and (6) a statement of total charges. (c) The statement of total charges must include: (1) an itemized list of and description of parts replaced, which must: (i) include a description by make, model and serial number or by class and type of each part, where available, or such other description as will reasonably identify each part; and (ii) state if a part is used, rebuilt or reconditioned; and (iii) state the charge for each part replaced; and (iv) not contain miscellaneous charges such as "shop materials" or "shop supplies," or other similar all-inclusive phrases, which exceed $3.00; and (v) state if any part was replaced under a warranty or guarantee arrangement or for "no charge" and (vi) state the service dealer's policy regarding warranties and guarantees on parts and labor, including: (A) the service dealer's warranties or guarantees given in connection with repairs, and (B) warranties or guarantees honored by the licensee. (2) a statement or description of the labor or technical services performed for which a charge was imposed, which shall include: (i) the total cost for such labor; and (ii) if time is relevant to the computation of labor charges, the total time spent on repair and the labor rate per hour; or (iii) any other basis used for computation and a description of the applicable method of computation. (3) a statement of any additional charges, if any, for the Written Estimate, pick-up and delivery, service call, storage, installation and any other charges. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-258 Copies of Service Dealer Documents.

§ 2-258 Copies of Service Dealer Documents. (a) A service dealer must immediately give each customer a copy of every document which the customer has signed and every document required by 6 RCNY §§ 2-254, 2-255 and 2-257. (b) A service dealer must retain for a period of at least three (3) years, an original or a legible copy of all documents required by these regulations. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-259 Return of Removed Parts by Service Dealers.

§ 2-259 Return of Removed Parts by Service Dealers. (a) Unless a customer waives the right to have removed parts returned to them, pursuant to 6 RCNY § 2-259(c), all such parts must be returned to such customer, except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty agreement and except as provided by 6 RCNY § 2-259(b). (b) Exhibit and tender of a removed part to the customer is sufficient, (1) where the part: (i) is replaced under a service contract or maintenance agreement for a fixed fee and for a specified time of at least nine months, where no additional charge is made to the customer for repairs; or (ii) can be rebuilt and the service dealer purchases it from the customer for that purpose and so notifies the customer by indicating the credited value in the Written Estimate; and (2) where the service dealer has so informed the customer; or (3) where the service dealer has determined that the part is unsafe, provided that such service dealer must so inform the customer and give the customer the option of whether or not to accept the returned part. (c) A customer may not waive the right to have all removed parts returned: (1) prior to the customer receiving a Final Bill, except where replacement parts are to be mailed from a distance exceeding fifty miles from the boundaries of New York City; and (2) in all circumstances, unless the customer has signed a statement acknowledging such waiver. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-260 Picture Tubes. [Repealed] (Repealed City Record 1/6/2023, eff. 2/5/2023)

6 RCNY § 2-261 Service Dealer Warranties and Guarantees Given in Connection with Repairs.

§ 2-261 Service Dealer Warranties and Guarantees Given in Connection with Repairs. A service dealer must warrant or guarantee: (a) the individual parts replaced, for a minimum period of 90 days after the repaired item is delivered to the customer; and (b) labor for such repairs, for a minimum period of 30 days after the repaired item is delivered to the customer. If the cause of the difficulty proves to be unrelated to parts replaced or servicing performed during the prior service call, a charge may be made for the parts and labor required to correct the problem. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-262 Service Dealer Insurance Coverage.

§ 2-262 Service Dealer Insurance Coverage. (a) A service dealer must at all times carry insurance which, in the opinion of the Commissioner, is adequate to protect the public. Sufficient coverage must include protection against liability for damage done to the customer’s property and against loss by fire and theft of the average number of articles entrusted to the service dealer or their agents or left by customers at any one time with the service dealer for service. Where special circumstances make it difficult or impossible to obtain the required insurance, an application may be made to the Commissioner for approval of a substitute means of coverage. (b) A certificate of insurance, in which the insurance company undertakes to notify the Department of Consumer and Worker Protection as an interested party, must accompany every application by a service dealer for a license. Where a service dealer’s insurance coverage is suspended or revoked for any reason, the applicable insurance carrier must promptly notify this Department of the extent and terms of the suspension or revocation. (c) A service dealer must notify this Department within five working days of damage to, theft or loss of customers’ property which is in excess of 10 per cent of the average number of articles entrusted to the service dealer or their agents or left by customers at any one time with the service dealer for service. (d) Failure to maintain such insurance at all times shall be considered grounds for the suspension or revocation of a license issued to a service dealer pursuant to Subchapter 24 of Chapter 2 of Title 20 of the Administrative Code. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-263 Construction.

§ 2-263 Construction. (a) Nothing contained in this subchapter shall be construed to relieve a licensee from compliance with any other applicable laws of New York City, New York State or the United States. (b) Nothing contained in this subchapter shall be construed to waive any right that a customer may have under common law or statute. (c) In the event that all or any part of this subchapter is in conflict with any other regulation of the Department of Consumer and Worker Protection, these regulations shall take precedence. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-264 Severability.

§ 2-264 Severability. If any provision of this subchapter or the application of such provision to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are severable. (Amended City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-265 Audio Equipment.

§ 2-265 Audio Equipment. The term “audio equipment,” as used in § 20-411 of the New York City Administrative Code, includes devices such as telephones, cellular telephones, beepers or pagers. (Added City Record 8/6/2026, eff. 9/8/2026)

6 RCNY § 2-266 Disclosures Pertaining to Gray Market Merchandise.

§ 2-266 Disclosures Pertaining to Gray Market Merchandise. (a) As used in this section, the term “gray market merchandise” means any brand-name electronic good, as defined in § 20-411 of the New York City Administrative Code, which is normally accompanied by an express written warranty valid in the United States of America which is imported into the United States through channels other than the manufacturer’s authorized United States distributor for sale to the public and which, by reason of this manner of distribution, may not be accompanied by the manufacturer’s express written warranty valid in the United States. The term “gray market merchandise” is limited to products purchased by a consumer for use primarily for personal, family or household purposes. (b) Every electronics store which offers for sale gray market merchandise must conspicuously post on a tag or sign that is attached to such merchandise or the external surface of its package that is visible at the point of display of such merchandise as applicable, such merchandise is not or may not be: (1) accompanied by the manufacturer’s express written warranty valid in the United States; (2) accompanied by instructions in English; (3) eligible for a rebate offered by the manufacturer; or (4) compatible with United States electrical currents or broadcast frequencies. (c) Every electronics store which offers for sale gray market merchandise must include the disclosures required by subdivision b of this section for any gray market merchandise offered for sale in any written advertisement relating to such merchandise. Such disclosures must be made in type of conspicuous size. (d) It shall be an affirmative defense as to the disclosure required in paragraph 1 of subdivision b of this section that the consumer is provided with a written warranty which offers equal or greater protection than the manufacturer’s warranty through a warrantor demonstrated to be a financially responsible retailer, distributor, importer or other third person capable of fulfilling warranty obligations. (Added City Record 8/6/2026, eff. 9/8/2026)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-149169Fetched: 10/24/2026