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NEWARK
– The New Jersey Division of Consumer
Affairs today reminded shoppers to check
the national list of recalled toys before
going online or to stores this holiday season
and to know their rights about rainchecks,
gift cards and item refunds.
“Consumers
need to be alert and cautious this holiday
shopping season. Con artists take no time
off and fraud against consumers occurs year-round,”
said Thomas R. Calcagni, Acting Director
of the State Division of Consumer Affairs.
Calcagni
urged consumers to know their rights in
the marketplace, including the following:
Rainchecks:
Retailers
must offer a raincheck to all customers
when advertised merchandise is not available
for purchase, unless the merchandise is
advertised as being available in a specific
quantity (i.e. “10 per store”)
or in “limited supply.” When
a raincheck is issued:
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The retailer has 60 days to honor the
raincheck, unless the consumer holding
the raincheck agrees to an extension;
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If the item costs more than $15, the retailer
must give written or telephonic notice
to the consumer when the item becomes
available; and
-
After such notice is given, the item must
be held for the consumer for at least
10 days or the end of the 60-day raincheck
period (whichever is greater).
Refunds:
Retailers
must conspicuously post their refund policy
for all merchandise in one of the following
locations:
-
Attached to the item itself;
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Affixed to each cash register or at point
of sale;
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Situated as to be clearly visible to the
buyer from the cash register; or
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Posted at each store entrance used by
the public.
Gift Cards:
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No gift card or gift certificate can expire
for five years after purchase;
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No dormancy fee can be imposed within
the first 24 months following purchase
or within the 24 month period following
last use of the gift card;
-
After 24 months of non-activity, the issuer
may charge a maximum dormancy fee of $2
per month; and
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The gift card must include a telephone
number to call for information about its
expiration date or dormancy fees.
Store
Lay-A-Way:
-
Know the terms of the store’s lay-a-way
plan. Do not assume lay-a-way is free.
Online
Purchases:
-
Be certain the web site is secure or uses
encryption before entering personal and
credit card information - look for “https”
in the web site address;
-
Verify that the business operates from
a real location and be wary of businesses
that only list a Post Office Box as an
address;
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Find out how the business resolves consumer
disputes, by reading the posted “terms
and conditions”;
-
Print out a transaction record for each
purchase and keep it to resolve any issues
regarding the item being purchased; and
-
Do not click on links contained in unsolicited
emails from supposed shopping web sites.
Toy
Safety:
The
U.S. Consumer Product Safety Commission
has authority to issue recalls for unsafe
or dangerous toys. Consumers can check the
list of recalled toys via the Division’s
web site at www.state.nj.us/lps/ca/recall/recalls.htm
.
Charitable
Giving:
All
charities doing business in New Jersey must
be registered, unless the charity raises
less than $10,000 annually and does not
use paid fund raisers to solicit donations.
To
verify whether a charity is registered,
check the online registry maintained by
the Division at www.njconsumeraffairs.gov/charity/chardir.htm
.
Know
the warning signs of a scam. If you receive
a telephone call from a charity asking for
a donation:
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Avoid being pressured into making an immediate
donation;
-
Beware if you are offered a prize or gift
in return for your donation;
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Do not give credit card information to
an unknown person over telephone; and
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Never agree to have a messenger or delivery
person come to your home to pick up your
donation.
When
receiving a solicitation for a donation
by mail, remember:
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Trinkets and other items accompanying
the donation request are gifts. You are
not required to send a donation because
you received a trinket or item;
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Be dubious if the charity claims you made
a past donation or pledge but have no
record of it; and
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Ignore harassing letters that demand payment
of a donation pledge that you have no
record or recollection of making.
Consumers
may file complaints with the Division online
at www.njconsumeraffairs.gov/ocp/ocpform.htm
or by calling 1-800-242-5846
(toll free within N.J.) or 973-504-6200.
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