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New York City Council

Committee on Consumer and Worker Protection

Feb 11, 2025

·

01:00 PM

56 min

Summary

A hearing on consumer financial experiences in the retail industry, focusing on three proposed bills:

  • Intro 374 to prohibit credit card minimum purchase requirements over $10
  • Intro 1049 to require gas stations to disclose pre-authorization holds
  • Intro 1097 to mandate acceptance of flexible benefit cards by certain retailers

Discussions covered enforcement of consumer protection laws, inspection strategies, complaint handling, and the potential impact of these bills on businesses and consumers, particularly low-income residents and seniors.

Features testimony from the Department of Consumer and Worker Protection (DCWP) and the public.

Meeting chapters

Read summaries and watch videos for short segments that matter to you.

REMARKS

Council Member Julie Menin provides opening remarks for the hearing on consumer financial experiences in retail

Council Member Julie Menin, chair of the Committee on Consumer and Worker protection, opens the hearing on consumer financial experiences in the retail industry. She introduces three bills to be …

0:00:33

·

3 min

REMARKS

Council Member Kevin C. Riley's remarks on Intro 1097: Flexible benefit card acceptance

Council Member Kevin C. Riley delivers a statement in support of Intro 1097, which aims to require certain retailers to accept flexible benefit cards. He emphasizes the importance of this …

0:03:44

·

106 sec

REMARKS

Council Member Christopher Marte's remarks on Intro 1097 regarding OTC card acceptance

Council Member Christopher Marte presents Intro 1097, which would require most businesses to accept OTC (Over-The-Counter) benefit cards. He explains the importance of these cards for seniors and people with …

0:05:36

·

136 sec

AGENCY TESTIMONY

DCWP Assistant Commissioner Carlos Ortiz Testifies on Consumer Protection and Proposed Legislation

Carlos Ortiz, Assistant Commissioner for External Affairs at the NYC Department of Consumer and Worker Protection (DCWP), testifies before the City Council Committee on Consumer and Worker Protection. He provides …

0:08:40

·

4 min

Q&A

DCWP's inspection strategy and enforcement approach

Council Member Julie Menin inquires about DCWP's overall strategy for inspections of retail establishments. Carlos Ortiz explains that DCWP conducts both patrol inspections and inspections in response to complaints. He …

0:12:55

·

82 sec

Q&A

Changes in DCWP's approach to fines for small businesses

Council Member Julie Menin discusses the changes made to DCWP's approach to fines for small businesses since 2014. Carlos Ortiz responds by acknowledging the importance of rightsizing penalties and balancing …

0:14:18

·

104 sec

Q&A

Language access and violation cure opportunities in inspections

Council Member Julie Menin inquires about language access for inspectors and whether businesses are informed about opportunities to cure violations. Carlos Ortiz and Andrew Schwenk explain DCWP's approach to language …

0:16:03

·

116 sec

Q&A

Consumer notification of rights and complaint trends

Council Member Julie Menin inquires about DCWP's methods for notifying consumers of their rights and recent complaint trends. Carlos Ortiz and Andrew Schwenk provide information on outreach efforts and complaint …

0:17:59

·

141 sec

Q&A

Recent violation trends and focus areas

Council Member Julie Menin inquires about recent violation trends and focus areas for DCWP enforcement. Carlos Ortiz provides information on violation statistics and areas of increased focus. - Violations have …

0:20:20

·

55 sec

Q&A

Council Member Riley questions DCWP on OTC card acceptance and Intro 1097

Council Member Kevin C. Riley engages in a Q&A session with Carlos Ortiz from the Department of Consumer and Worker Protection (DCWP) regarding Intro 1097, which concerns the acceptance of …

0:21:19

·

89 sec

Q&A

Council Member Marte discusses OTC card acceptance and business implementation with DCWP

Council Member Christopher Marte engages in a Q&A session with Carlos Ortiz from the Department of Consumer and Worker Protection (DCWP) regarding the implementation of OTC card acceptance by businesses. …

0:22:52

·

3 min

REMARKS

Introduction of Intro 1049 on pre-authorization holds for gas purchases

Council Member Julie Menin reads an opening statement from Majority Whip Brooks Powers introducing Intro 1049, which addresses pre-authorization holds at gas stations. The bill aims to require gas stations …

0:26:05

·

125 sec

Q&A

DCWP's willingness to work on implementation of Intro 1049

DCWP representatives express their willingness to work with the council on implementing Intro 1049, including discussions on bill amendments and rulemaking authority. - DCWP is open to collaborating on bill …

0:28:11

·

34 sec

Q&A

Potential expansion of pre-authorization hold disclosures to other industries

Discussion on the possibility of expanding Intro 1049 to require disclosure of pre-authorization holds across all industries where they are used, beyond just gas stations. - DCWP expresses openness to …

0:28:45

·

67 sec

Q&A

Protecting low-income New Yorkers from losing access to funds due to delayed hold releases

Discussion on additional measures to protect low-income New Yorkers from losing access to their funds due to delayed hold releases, especially those using government benefits. - DCWP emphasizes the need …

0:29:52

·

80 sec

Q&A

DCWP's process for escalating consumer complaints to investigations

DCWP representatives explain the process of how consumer complaints about violations of consumer protection law can escalate to investigations or broader enforcement actions. - Initial triage of complaints to determine …

0:31:14

·

55 sec

Q&A

DCWP's proactive investigations and major case settlements

DCWP representatives discuss recent proactive investigations and major case settlements in the consumer protection sphere. - Major settlement with 26 Motors, a secondhand auto dealer, securing $1.8 million in restitution …

0:32:09

·

93 sec

Q&A

Increase in tobacco and e-cigarette retail inspections, focusing on unlicensed cannabis stores

DCWP representatives discuss the significant increase in tobacco and e-cigarette retail inspections, particularly related to enforcement against unlicensed cannabis stores. - Response to the proliferation of smoke shops and businesses …

0:33:44

·

122 sec

Q&A

Enforcement of the cashless establishment ban

DCWP representatives explain their approach to enforcing the prohibition on cashless establishments in New York City. - Initial focus on education when the ban took effect in 2020 - Use …

0:35:47

·

73 sec

Q&A

Decrease in mediated consumer complaints since 2016

DCWP representatives address the observed decrease in mediated consumer complaints since 2016 and discuss potential factors contributing to this trend. - Acknowledgment of data differences making direct comparisons challenging - …

0:37:03

·

19 sec

Q&A

Introduction of DCWP's new online complaint portal

DCWP representatives discuss the implementation and benefits of their new online complaint portal, launched in July 2023. - Portal designed to improve accessibility for submitting consumer complaints - Individual modules …

0:37:23

·

163 sec

Q&A

Discussion on resources needed for consumer complaint mediation

Council Member Menin expresses concern about the decrease in mediated complaints and inquires about potential resource needs, while DCWP representatives respond cautiously. - Council Member suggests the decrease might be …

0:40:06

·

70 sec

Q&A

Concerns about signage requirements for Intro 374 on credit card minimum purchases

Discussion on DCWP's concerns about signage requirements in Intro 374 and existing regulations on credit card limitations and surcharges. - DCWP suggests incorporating Intro 374 prohibitions into existing disclosure requirements …

0:41:18

·

3 min

Q&A

Council Member Brewer discusses newsstand regulations and challenges with DCWP

Council Member Gale A. Brewer engages in a discussion with Carlos Ortiz from the Department of Consumer and Worker Protection (DCWP) about the current state and future of newsstands in …

0:44:44

·

3 min

PUBLIC TESTIMONY

Testimony by Andrew Winakor, President of ProHealth Connect, on Flexible Benefit Card Acceptance

Andrew Winakor, President of ProHealth Connect, testifies in support of legislation mandating retailers to accept over-the-counter (OTC) and grocery benefit cards, also known as flexible benefit cards. He argues that …

0:50:17

·

153 sec

PUBLIC TESTIMONY

Testimony by Ron Thomas, District Leader of Assembly District 65 Part B, on Over-the-Counter Bill

Ron Thomas, District Leader for Assembly District 65 Part B, testified in support of the over-the-counter bill, emphasizing its importance for aging and health-challenged constituents. He shared his personal experience …

0:52:56

·

124 sec

Q&A

Cost for businesses to accept flexible benefit cards

Council Member Christopher Marte inquires about the cost for businesses to accept flexible benefit cards as a form of payment. Andrew Winakor from ProHealth Connect explains that in most cases, …

0:55:06

·

23 sec

REMARKS

Closing remarks and conclusion of the hearing

Council Member Julie Menin provides closing remarks for the hearing, ensuring all registered speakers have had the opportunity to testify. - She invites any missed speakers to notify the sergeant …

0:55:35

·

24 sec

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