Eastchester REVIEW THE
May 17, 2019 | Vol. 7, Number 20 | www.eastchesterreview.com
Merchants must be clear about added surcharges
Something new?
Playland’s 2019 Opening Day is going in the record books as having the highest attendance the park has seen on opening day in seven years. For more of the new additions slated this summer, see page 6. Photo courtesy Westchester County
County Dept. of Correction recognizes 50th anniversary On May 10, as part of National Correctional Professionals Week, the Westchester County Department of Correction, DOC, celebrated a truly golden milestone. At a ceremony attended by more than 250 retirees, active members of service, care providers and partners, Westchester County Executive George Latimer and Correction Commissioner Joseph K. Spano reflected on the many challenges, changes and achievements of the largest law enforcement agency in Westchester. 2019 marks the DOC’s 50th
year as a criminal justice agency, formed in 1969 from what were then functions of the county Sheriff and the Department of Public Welfare. In merging these functions, Westchester sought to extend the rehabilitative initiatives afforded to its sentenced offenders to pre-trial detainees, and to create a unified workforce of similarly-credentialed officers. In his remarks, Latimer discussed some of the functions of county government that may go unnoticed by the public but which are critical to public health and
community safety, including the operation of the Correction Department. “There’s a fine line— how do you deal with individuals who have seriously broken the rules of society,” Latimer asked. “It requires simultaneously balancing punishment with rehabilitation and a productive return to society. That may be as difficult a task as Westchester County government has to accomplish.” Following his remarks, Latimer presented Spano with a brass eagle, dedicated to the men and women of the Department and
commemorating their achievement as part of National Correctional Professionals Week. Spano provided the attendees with a wonderful overview of the Department’s 50 years of history, from its inception during the civil rights movement of the 1960s and 1970s, through the challenges of the 1980s and 1990s and up to the present day, where DOC now has the distinction of being a national leader in criminal justice reform. Showcasing the many DOC continued on page 8
With credit card surcharges now in the news, the Westchester Consumer Protection Department is working to clear up questions for consumers. More people than ever before are using credit and debit cards for payments in stores and restaurants, and some merchants are now seeking to add surcharges to bills to recover their transaction fees for these plastic payments. Merchants recently engaged in a legal challenge to a New York State law that banned them from charging a credit/debit card surcharge. After an extensive litigation, the New York State Court of Appeals ruled that: • Merchants can charge two different prices, one for credit cards and one for cash; • The higher price charged to credit card users must be posted in total dollars and cents form; and • merchants can call the price differential anything they wish. “After this prominent legal decision, if merchants decide to add a surcharge to bills, they must clearly inform consumers of the terms of the surcharge in ‘dollars and cents’ on the bill and receipt,” said Jim Maisano, county Consumer Protection director. “Consumers should not have to do math to figure out the surcharge. While merchants can now charge a surcharge, they cannot do so in a misleading way.” These extra credit card fees
are now allowed but must be included in the final selling price of a good or service. Merchants must either display both prices (cash and credit) or the higher credit card price only. If the merchant only displays the cash price or lists the cash price only and states that the credit card price is a certain percent higher, it would be a violation of law. Additionally, Sec. 863.71 of the county Consumer Protection Code requires that for the marking of item prices and advertised prices, it shall be a violation “to sell or offer for sale any consumer goods or services at a greater price than the price displayed or advertised therefor.” County law also mandates that gasoline stations that offer two (2) tier pricing (cash/credit) need to display the higher selling credit price as well as the discounted cash price. Drivers must know when pulling up to the pump what their highest cost exposure is before filling their tanks. Debit sales can be considered credit sales or cash sales, the determination being made by the merchant. If consumers believe merchants are engaging in deceptive or unconscionable trade practices regarding credit card surcharges, they can reach out to the Consumer Protection Department for advice at ConPro@ westchestergov.com or 995-2155. (Submitted)
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