§ 94-A — Consumer protection division

§ 94-a. Consumer protection division. 1. Legislative declaration. The\nlegislature hereby finds and declares that the consumption of goods and\nservices is an economic activity that affects the life of every citizen.\nThe legislature further finds that unscrupulous and questionable\nbusiness practices are detrimental to the economic well-being of the\ncitizens of this state. In order to protect the people of New York state\nfrom economic harm the legislature finds that it is appropriate that the\nresponsibilities of the consumer protection board be consolidated into a\nnew consumer protection division under the supervision of the secretary.\n 2. Consumer protection division. (a) The secretary shall establish a\nconsumer protection division in the department.\n (b) The secretary is authorized to establish within the consumer\nprotection division one or more units and assign appropriate functions\nto any such unit and may appoint such staff as necessary and prescribe\ntheir duties and fix their compensation within the appropriation\nprovided by law.\n (c) The secretary shall establish a public education and outreach\ncampaign to publicize the consumer protection division so as to maximize\npublic awareness of, and the services provided by, such division.\n 3. Powers of the consumer protection division. (a) The division shall\nhave the power and duty to:\n (1) receive complaints of consumers, attempt to mediate such\ncomplaints where appropriate, and refer complaints to the appropriate\nunit of the department, or federal, state or local agency authorized by\nlaw for appropriate action on such complaints;\n (2) coordinate the activities of all state agencies performing\nconsumer protection functions;\n (3) initiate and encourage consumer education programs;\n (4) conduct investigations, research, studies and analyses of matters\naffecting the interests of consumers;\n (5) cooperate with and assist the attorney general and the department\nof financial services in the carrying out of legal enforcement\nresponsibilities for the protection of consumers;\n (6) implement other powers and duties by regulation and otherwise as\nprescribed by any provision of law;\n (7) (i) advise and make recommendations to the governor on matters\naffecting the consumers of the state and promote and encourage the\nprotection of the legitimate interests of consumers within the state;\n (ii) study the operation of consumer protection laws and recommend to\nthe governor new laws and amendments of laws for consumer protection;\n (8) represent the interests of consumers of the state before federal,\nstate and local administrative and regulatory agencies;\n (9) establish a process by which victims of identity theft will\nreceive assistance and information to resolve complaints. To implement\nthe process the secretary shall have the authority to:\n (i) promulgate rules and regulations to administer the identity theft\nprevention and mitigation program; and\n (ii) act as a liaison between the victim and any state agency, public\nauthority, or any municipal department or agency, the division of state\npolice, and county or municipal police departments, and any\nnon-governmental entity, including but not limited to, consumer credit\nreporting agencies, to facilitate the victim obtaining such assistance\nand data as will enable the program to carry out its duties to help\nconsumers resolve the problems that have resulted from the identity\ntheft. Trade secrets and proprietary business information contained in\nthe documents or records that may be received by the division shall be\nexempt from disclosure to the extent allowed by article six of the\npublic officers law;\n (10) undertake activities to encourage business and industry to\nmaintain high standards of honesty, fair business practices, and public\nresponsibility in the production, promotion and sale of consumer goods\nand services;\n (11) conduct product research and testing and, where appropriate,\ncontract with private agencies and firms for the performance of such\nservices;\n (12) cooperate with and assist local governments in the development of\nconsumer protection activities;\n (13) establish advisory councils to assist in policy formulation on\nspecific consumer problems;\n (14) cooperate with and assist consumers in class actions in proper\ncases;\n (15) create an internet website or webpage pursuant to section three\nhundred ninety-c of the general business law, as added by chapter five\nhundred nine of the laws of two thousand seven; and\n (16) exercise such powers and duties granted to the secretary by\narticle sixteen of the energy law as the secretary may direct,\nincluding, but not limited to: consult with such president of the New\nYork state energy research and development authority in connection with\ninvestigations conducted by such president pursuant to article sixteen\nof the energy law; make determinations relating to compliance by\nproducts with the standards adopted pursuant to article sixteen of the\nenergy law; order the immediate cessation of any distribution, sale or\noffer for sale, import, or installation of any product that does not\nmeet such standards; and impose civil penalties as contemplated by\narticle sixteen of the energy law.\n 4. Utility intervention unit. (a) There is established within the\ndivision a state utility intervention unit.\n (b) The utility intervention unit shall have the power and duty to:\n (i) on behalf of the secretary, initiate, intervene in, or participate\nin any proceedings before the public service commission or the\ndepartment of public service, to the extent authorized by sections\nthree-b, twenty-four-a, seventy-one, eighty-four or ninety-six of the\npublic service law or any other applicable provision of law, where he or\nshe deems such initiation, intervention or participation to be necessary\nor appropriate;\n (ii) represent the interests of consumers of the state before federal,\nstate and local administrative and regulatory agencies engaged in the\nregulation of energy services;\n (iii) accept and investigate complaints of any kind from Long Island\npower authority consumers, attempt to mediate such complaints where\nappropriate directly with such authority and refer complaints to the\nappropriate state or local agency authorized by law to take action with\nrespect to such complaints; and\n (iv) hold regular forums in each of the service territories of the\ncombination gas and electric corporations, as defined under section two\nof the public service law, and the Long Island power authority to\neducate consumers about utility-related matters and the regulatory\nprocess, opportunities to lower energy costs, including through energy\nefficiency and distributed generation, and other matters affecting\nconsumers.\n 5. Reports. (a) No later than March fifteenth of each year, beginning\nin two thousand twelve, the secretary shall furnish to the governor, the\nspeaker of the assembly and the temporary president of the senate a\nreport describing the activities of the consumer protection division.\nThe secretary shall prepare quarterly a report to the governor, the\nspeaker of the assembly and the temporary president of the senate of the\ncategory and number of complaints received by the division during the\nprevious quarter in sufficient detail to assist the recipients in\ndetermining the need for additional laws for the protection of the\nconsumer. Additionally, all such complaints received by the division\nshall be maintained on a category by category basis.\n (b) No later than January first, two thousand twelve, the secretary\nshall furnish to the governor, the speaker of the assembly and the\ntemporary president of the senate a report describing the activities of\nthe consumer protection division regarding the public education and\noutreach campaign required pursuant to paragraph (c) of subdivision two\nof this section.\n