CONSUMER ALERT: NYS DEPARTMENT OF STATE’S DIVISION OF CONSUMER PROTECTION REMINDS NEW YORKERS HOW TO AVOID LOSING MONEY WITH GIFT CARDS AND GIFT CERTIFICATES THIS HOLIDAY SEASON

 

Gift Cards and Gift Certificates Cannot Expire Within Nine Years, Will Not Decline in Value Because of Fees, and May Be Redeemed for Cash if The Remaining Value is Less Than $5 

Secretary Rodriguez: “The Division of Consumer Protection is reminding consumers that the gift cards they purchase or receive this holiday season will be valid for nine years from its purchase date." 

Follow the New York Department of State on Facebook, Twitter and Instagram for “Tuesday’s Tips” – Practical Tips to Educate and Empower New York Consumers on a Variety of Topics 

For this week’s “Tuesday’s Tips”, the New York State Department of State’s Division of Consumer Protection (DCP) reminds New Yorkers of their consumer rights and scam prevention tips related to gift cards and gift certificates, so they avoid losing money this holiday season.

"New Yorkers should not have to worry about whether that gift card in their wallet is still usable," said NYS Secretary of State Robert J. Rodriguez. "The Division of Consumer Protection is reminding consumers that the gift cards they purchase for or receive from loved ones this holiday season won’t decline in value and will be theirs to spend for nine years from the purchase date."

Know Your Rights Related to Gift Cards and Gift Certificates

Gift cards and gift certificates are a convenient present for the holidays, so it’s important to remind New Yorkers that under New York State law, gift cards or gift certificates purchased on or after December 10, 2022, remain valid for nine years from the date of purchase. And when the remaining value of the gift card or gift certificate is less than five dollars, the recipient can opt to receive cash for the balance. Additionally, the law explicitly prohibits any “activation fees, retroactive fees, redemption fees, service fees, dormancy fees, latency fees, administrative fees, handling fees, access fees, periodic fees, renewal fees, re-loading fees, or any other fee of any kind.” There is one exemption to the law, which is that an issuer of a gift card or gift certificate that may be used at multiple merchants may charge a one-time fee for activation costs, which may not exceed $9.

In New Yok State, a gift card or gift certificate’s purchase date determines what, if any, rights exist for consumers.  Based on the purchase date, consumers can expect the following legal protections:                        

Gift Cards & Gift Certificates Purchased:	Minimum Expiration Date Imposed by Law:	Inactivity Fee Terms:
Between September 21, 2004, and August 21, 2010	No Law Requiring a Minimum Expiration Term.	A monthly inactivity service fee may be assessed monthly after the 12th month of inactivity.
Between August 22, 2010, and December 24, 2016	5-years from date of purchase before gift card can expire.	A one-time inactivity fee may be assessed after the 12th month of inactivity.
Between December 25, 2016, and December 9, 2022	5-years from date of purchase before the gift card can expire.	A monthly inactivity service fee may be assessed after the 24th month of inactivity. If the gift card is presented within 3 years of the purchase date, any activity fees assessed will be waived and the gift card will be replenished to its value prior to the fees.
On or after December 10, 2022	9-years from the date of purchase before the gift card can expire.	Inactivity fees are prohibited.

  

Stay Alert of Different Types of Scams Involving Gift Cards or Gift Certificates

Below are tips consumers should keep in mind when buying and using gift cards this holiday season:

• Research vendors before buying.Verify the legitimacy of the seller. Check reviews and articles.
• Beware of barcodes. The FBI released a warning related to fake barcodes on gift cards. Scammers place fake barcodes over the original barcodes to trick consumers. Consumers are left with an unactivated gift card, while scammers gain access to the funds. To prevent this scam:
  • Check packaging.When buying a gift card, consumers should make sure the packaging and security seals are intact.
  • Check the barcode. Confirm that the barcode is original to the packaging and doesn’t peel off.
  • Pay close attention to information displayed at checkout. Confirm that the information on the receipt and barcode matches the package.
• Use caution with third parties. Consumers should use caution when buying gift cards from third parties or online auctions, as it may be tough to confirm the dollar amount remaining.
• Review the terms and conditions.Before purchasing, consumers should always review the terms and conditions to understand what their recourse is if the gift card is lost or stolen.  Companies are required to post terms and conditions either on the card or in attached packaging.
• Beware of scammers. Scammers often seek payment in the form of gift cards, also known as prepaid cards. Government entities, utilities, and other reputable organizations will never call you demanding an overdue bill or debt be paid with a gift card. To learn more, please read our May 2023 alert on gift card scams.

Consumers having difficulty redeeming gift cards are encouraged to file a complaint with the New York State Division of Consumer Protection. The Division of Consumer Protection provides voluntary mediation, between the consumer and business, when the consumer has been unsuccessful at reaching a resolution on their own.

Follow the New York Department of State on Facebook, Twitter and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics. Sign up to receive consumer alerts directly to your email or phone here.

The New York State Division of Consumer Protection provides resources and education materials to consumers on product safety, as well as voluntary mediation services between consumers and businesses. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumer-protection.

For more consumer protection tips, follow the Division on social media at Twitter: @NYSConsumer and Facebook: www.facebook.com/nysconsumer.

District Court Enjoins New York and Delaware Companies from Manufacturing and Distributing Adulterated and Misbranded Dietary Supplements

A federal court on Dec. 13 enjoined two New York companies, a Delaware company and the companies’ owner from distributing and manufacturing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug and Cosmetic Act (FDCA).

In a civil complaint filed on Dec. 11 in the U.S. District Court for the Eastern District of New York at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Total Body Nutrition LLC, TBN Labs LLC and Loud Muscle Science LLC (collectively TBN companies) and the companies’ owner, Mohammed Islam, violated the FDCA at the companies’ facility in Hauppauge, New York, and their previous facility in Edgewood, New York, by manufacturing and distributing adulterated and misbranded dietary supplements. The complaint alleged that Islam and the TBN companies violated the FDCA by manufacturing dietary supplements without establishing product specifications for the finished batches and without testing or examining the finished batches to verify that they met product specifications, and by using dietary ingredients in their dietary supplements without first testing or examining the ingredients to verify their identity. The complaint also alleged that the FDA inspected the TBN companies’ current and previous facilities four times, in 2017, 2018, 2021 and 2023, and found violations of the FDCA at each inspection. According to the complaint, FDA also issued Islam and the TBN companies warning letters in 2016, 2017 and 2019.

“Dietary supplement manufacturers and distributors have an important responsibility to ensure product quality and safety,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to work closely with the FDA and take action against manufacturers and distributors who fail to abide by laws designed to protect public health.”

“Consumers trust that dietary supplements they purchase are unadulterated,” said U.S. Attorney Breon Peace for the Eastern District of New York. “My office is working diligently with our partners at the Justice Department’s Consumer Protection Branch and the FDA to ensure that these products are what they purport to be and safe. When they are not, we will take all appropriate action to protect consumers.”

“It is imperative that dietary supplement manufacturers comply with the FDA’s regulatory requirements to help ensure product safety and protect consumers,” said Acting Associate Commissioner Michael C. Rogers, MS, of FDA’s Office of Regulatory Affairs. “When evidence of non-compliance is identified, the agency holds dietary supplement manufacturers responsible. The FDA is dedicated to exercising its full authority under the law to take action against adulterated dietary supplements, as part of our ongoing commitment to protect the health of U.S. consumers.” 

Islam and the TBN companies agreed to settle the suit and be bound by a consent decree of permanent injunction. The negotiated consent decree entered by the court permanently enjoins Islam and the TBN companies from violating the FDCA, and requires, among other things, that Islam and the TBN companies comply with the dietary supplement current good manufacturing practice regulations and the dietary supplement labeling provisions of the FDCA and its implementing regulations. Further, Islam and the TBN companies must destroy all of their adulterated dietary supplements.

Trial Attorney Kimberly R. Stephens of the Civil Division’s Consumer Protection Branch is handling the case with the assistance of Assistant U.S. Attorney Michael Blume for the Eastern District of New York and Associate Chief Counsel Roselle Oberstein of the FDA’s Office of the Chief Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability. 

Attorney General’s Office of Special Investigation Opens Investigation into Civilian Death in Manhattan

 

The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of Kent Edwards, who died on December 14, 2023 following an encounter with members of the New York City Police Department (NYPD) in Manhattan. 

On the afternoon of December 14, NYPD officers engaged in an active criminal investigation went to a residence on Manhattan’s Lower East Side. After officers entered the apartment, Mr. Edwards shot at them from inside the bathroom, striking an officer’s protective vest. Another officer opened fire in response, striking Mr. Edwards. Mr. Edwards was transported to a local hospital, where he was pronounced dead. The officer who was hit is expected to make a full recovery. Officers found a gun at the scene.

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident. 

These are preliminary facts and subject to change.

Assemblymember John Zaccaro - Free Community Food Giveaway TODAY at Tracey Towers'

 

Dear Friends, 

My Office is hosting a free Community Food Giveaway TODAY at Tracey Towers in partnership with NY Common Pantry. There will be fresh produce that will be distributed while supplies last. If you have any questions or would like more information please contact my office at 718-409-0109. 

Date: Today, December 18th, 2023

Time: 5:00pm to While Supplies Last

Location: Tracey Towers' Community Room Tower - A, 40 W Mosholu Pkwy S, Bronx, NY 10468

State Senator Gustavo Rivera and Councilmember Pierina Sanchez to Introduce Legislation to Protect New York Children from Opioid Exposure at Childcare Facilities, Marking Three-Months since the Tragic Passing of Nicholas Feliz Dominici

 

In a Coordinated City and State Response, Bronx Legislators Seek to Implement Measures to Equip Parents and Childcare Providers to Ensure Child Safety

State Senator Gustavo Rivera, Councilmember Pierina Sanchez, elected officials, and childcare advocates joined together to announce the introduction of a series of bills in the New York State Legislature and the New York City Council to protect children from opioid exposure in childcare facilities. 

In the wake of the tragic death of one-year-old Nicholas Feliz-Dominici at a childcare facility in Kingsbridge in September of this year, Senator Rivera and Councilmember Sanchez worked in tandem to coordinate an appropriate, public health focused response in an effort to prevent a tragedy like this from ever occurring again and ensure that our communities and children are safe. 

Senator Rivera’s bill (S.7815) will provide education and training for providers on overdose prevention, ensure thorough training for inspectors on how to identify illicit drugs, and most importantly, will empower parents, who are by far their children’s strongest advocates, by ensuring they are informed about avenues for inquiries and complaints to the State’s Office of Children and Family Services, as well as their rights to inspect childcare facilities.  

“The fentanyl exposure incident at a daycare in my district was a horrifying tragedy. The heart wrenching death of one-year-old Nicholas Dominici and the terror that families experienced due to the negligence and callousness of the facility's providers cannot happen again. My legislation will equip inspectors to safeguard daycares across New York, empower parents to ensure childcare facilities are fit for their children, and provide resources to daycare providers to prevent tragedies like this from happening again. Our community is still grieving and reeling from that day, so I am honored to work closely with Councilmember Sanchez on this coordinated legislative response at the state and city level on behalf of New York families and caregivers,” said State Senator Gustavo Rivera, Chair of the Senate Health Committee and sponsor of the bill.

Councilmember Sanchez will introduce a legislative package in the forthcoming legislative session. The first bill of the package dovetails with Senator Rivera’s bill by requiring the NYC Department of Mental Health and Hygiene to specifically advertise  to health inspectors and childcare providers training on opioid antagonists. The second bill within the proposed legislative package will explore a pilot program to support working families in need of child care. The third and final bill will be a resolution calling on the State Legislature to pass and the Governor to sign the proposed changes in Senator Rivera’s bill. 

“Nicholas Feliz Dominici should have been safe at this daycare facility. The Feliz Dominici family did everything right, from working with trusted community institutions, to vetting licensed daycare providers. Yet, government protocols failed to catch possible warnings at this facility, and the ongoing scourge of the illegal opioid drug trade robbed us of a beautiful young life. As a mother of a child that even looks like little Nicholas, my heart remains broken from this devastating tragedy,” said Council Member Pierina Sanchez, District 14. 

“In the last three months, as we have stayed close with and coordinated support for the Feliz Dominici family, I am thankful to have been working with partners across levels of government to interrogate the gaps in policies and protocols that might have caught warning signs, and explore opportunities to better inform and support parents of their rights. I am proud to be working with Senator Rivera to move city and state legislation for the coming legislative session. This tragedy, and this initial set of legislative responses, highlights so many overlapping challenges our communities face – from the ruthlessness of the illegal drug trade, to lacking affordable childcare opportunities. Nicholas, for you and your family, we fight on.”

We are witnessing a devastating rise nationally in cases where minors and young children inadvertently come into contact with opioids, leading to overdoses. This coordinated legislative effort by Senator Rivera and Councilmember Sanchez seeks to implement a comprehensive public health approach to ensure that our communities and children all across New York City and New York State are safe. 

"I am pleased to stand with Senator Rivera and Councilmember Sanchez in support of their legislation to make home day care centers safe. Nicholas' death was entirely needless and avoidable. We will get justice for him and the other children and their families. These bills aim to close the gaps that could possibly have prevented the tragedy at the Divino Niño Day Care Center. The hope is no family will ever have to deal with such a devastating tragedy like Nicholas' family has had," said Bronx District Attorney Darcel Clark.

"ECE On the Move extends heartfelt condolences to the family of Nicholas Dominici. We stand united with Senator Gustavo Rivera and Council Member Pierina Sanchez on the proposed regulatory changes which represents a significant step forward in creating a more secure environment for our community's children,” said Shanita Bowen, Chief Operating Officer at ECE On The Move. “By emphasizing household transparency and implementing comprehensive training initiatives, these measures aim to equip both inspectors and child care providers with the tools necessary to prevent future illnesses or tragedies."

Permits Filed For 2267 Andrews Avenue North In University Heights, The Bronx

 

Permits have been filed for a six-story residential building at 2267 Andrews Avenue North in University Heights, The Bronx. Located between West 183rd Street and West Fordham Road, the lot is near the 183rd Street subway station, serviced by the 4 train. Erenik Nezaj is listed as the owner behind the applications.

The proposed 70-foot-tall development will yield 16,305 square feet designated for residential space. The building will have 25 residences, most likely rentals based on the average unit scope of 652 square feet. The masonry-based structure will also have a 34-foot-long rear yard, eight open parking spaces, and three enclosed parking spaces.

Node Architecture Engineering Consulting is listed as the architect of record.

Demolition permits were filed at the end of last month for the 2.5-story structure on the site. An estimated completion date has not been announced.

PPNA and Pelham Parkway Vision Center Toy Giveaway

 

PPNA and Pelham Parkway Vision Center Toy Giveaway

By Robert Press

Saturday December 17, 2023 was the Annual Pelham Parkway Neighborhood Association and Pelham Parkway Vision Center Toy Giveaway. Santa Claus came into the store to help give each child one of the over three hundred toys wrapped for him to hand out. 

Families were led into the store one at a time, the children were given an age and gender appropriate toy by one of the staff of the Pelham Parkway Vision Center while members of the Pelham Parkway Neighborhood Association guided the families towards the exit giving all candy canes as they were leaving. 

Santa got a big hug from this child as he entered the Pelham Parkway Vision Center located at 731 Lydig Avenue. The pile of over three hundred wrapped toys are inside the store in the background.

Santa found his seat and began to hand out toys to the children who were waiting in line outside the store.

These two children are all smiles after receiving a toy from Santa.

Two more happy children to saw Santa and received a toy from him.

Here are three happy children and three well behaved dogs who also posed for the family photo with Santa. Only the children received toys from Santa.

Members of the Executive Committee of the PPNA, and Staff of the Pelham Parkway Vision Center which include, PPNA President Steven Glosser third from the left, PPNA Treasurer Elio Morales, Pelham Parkway Vision Center Owner Michael Orloff, and PPNA Vice-President Edith Blitzer behind Santa. 

TWO MEN INDICTED FOR MURDERING MOTORIST WITH HIS OWN VEHICLE

 

Queens District Attorney Melinda Katz announced that Aaron Mayers and Zahir Williams were indicted in connection with the murder of a Brooklyn man who was pummeled unconscious before being run over with his own car. According to the Office of Chief Medical Examiner, 50-year-old Francisco Ortega survived a brutal beating by the defendants and two other attackers in Astoria, but was killed when Williams drove over the unconscious victim.

District Attorney Katz said: “An outnumbered victim was sucker-punched, viciously beaten unconscious and then mercilessly run over. We need to get people capable of such cold-blooded brutality off our streets as soon as possible.”

Williams, 24, of Beck Street in the Bronx, and Mayers, 25, of Pennsylvania, were jointly indicted on charges of murder in the second degree, gang assault in the first degree, two counts of robbery in the first degree. two counts of robbery in the second degree and robbery in the third-degree. Williams faces an additional count of murder in the second degree and criminal possession of a weapon in the fourth degree. Each faces up to 25 years to life in prison if convicted. Supreme Court Justice Kenneth Holder ordered them to return to court February 27, 2024.

According to the charges and video surveillance footage:

• On October 20, at approximately 3:30 a.m., Francisco Ortega of Brooklyn pulled a BMW sedan over in front of 40-06 Astoria Boulevard, near the intersection with Steinway Street. He got out of his car and spoke to Williams and Mayer who were among a group of people standing nearby. Ortega and Willliams appeared to argue.
• Ortega drove away and returned. He got out of his car again to speak with Williams.
• As Ortega stood between the driver’s seat and open car door talking, one of the individuals in the group that was with Williams and Mayer sucker-punched him in the head from behind, causing him to fall to the ground.
• As Ortega lay on the ground, Mayers, Williams and two other individuals in the group repeatedly kicked and punched him.
• Williams then stepped over the unconscious Ortega and got into the driver’s seat of the victim’s BMW. Attempting to close the door, Williams repeatedly slammed Ortega’s head and body. Mayers then pulled Ortega’s body away from the side of the car toward the center of the road. Williams shut the car door and pulled away.
• Williams drove around the block. As he approached Ortega, who was still lying in the road unconscious, Williams slowed down, lined the car up with Ortega’s body and abruptly accelerated, driving over the victim.
• Williams dragged Ortega’s body for several feet before crashing into a parked car. He got out of the BMW and fled the scene on foot.
• Ortega was taken to a local hospital where he was pronounced dead due to multiple blunt impact injuries. According to the Office of Chief Medical Examiner, he was alive when Williams drove over him.

The investigation was conducted by Detective Oliver Kim of the New York Police Department’s 114thPrecinct Detective Squad under the supervision of Lieutenant Matthew Barber.