CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION PROVIDES CONSUMERS WITH TIPS FOR BUYING GIFT CARDS AND GIFT CERTIFICATES THIS HOLIDAY SEASON

 

Gift Cards Are Always a Popular and Convenient Gift Choice

Consumers are Urged to Follow Basic Tips to Ensure Successful Gifting

 As part of its seven-part consumer alert holiday series, the New York State Division of Consumer Protection recommends New Yorkers be informed consumers when purchasing gift cards and gift certificates this holiday season.

“Gift cards offer convenience to so many gift givers during the holidays,” said New York Secretary of State Rossana Rosado, who oversees the Division. “Gift cards are also a great way for consumers to show support for their local businesses. If gift cards are on your holiday shopping list, be sure to know your rights when it comes to buying and spending them.”

New York State General Business Law §396-i, acceptance of unexpired gift certificates, protects consumers who buy and use gift cards. The law states that no gift card may expire earlier than five years from the date of purchase and requires businesses to prominently post the ‘Terms and Conditions’ that apply to their gift cards – including the procedure to replace a missing card.

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

• Check packaging. When buying a gift card, consumers should make sure the packaging and security seals are intact.
• Use caution with third parties. Consumers should use caution when buying gift cards from third parties or online auctions, as it is difficult to verify the dollar amount remaining.
• Review fine print. Consumers should always review the fine print and check for hidden fees or any restrictions on the use of the gift card. ‘Dormancy Fees’ for non-use cannot be imposed if the card is used within two years of the purchase date, and any such fees must be waived where the cardholder uses it within three years of the purchase date
• Don’t fall for scammers trying to get your gift card. Consumers should be particularly cautious about callers claiming to be from the government or utility company saying that an overdue bill or federal debt can be paid with a gift card.  No one from the government, utility companies, or the police would ask for payment via gift card.
• Be prepared if a business is struggling or considering bankruptcy. If you hear a business is struggling or considering bankruptcy and you have unused gift cards, you should call the business and ask them to offer you cash for any remaining funds. Consumers can also ask debit or credit card companies to reverse the charges.
• File a claim for gift card amount. If the business is currently going through bankruptcy, consumers can file a claim against the company for the gift card amount. For more information, consumers can reference https://www.uscourts.gov/services-forms/bankruptcy/unclaimed-funds-bankruptcy to check on any unclaimed funds in their name or to file a claim against a current bankruptcy matter.
• Check unclaimed funds site for unused gift cards. Businesses are supposed to transfer any uncollected gift cards funds to the State Comptroller in the name of the purchaser. The New York State Office of the State Comptroller has an application process where you can search to see what funds are available in your name. You can access their site at: https://www.osc.state.ny.us/ouf/

Consumers having difficulty with an existing gift card 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. 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/consumerprotection. To view consumer alerts, consumers can visit https://www.dos.ny.gov/about/newsroom.html. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

 

Van Cortlandt Park Alliance is committed to bringing to light the true story of the land that is now Van Cortlandt Park through programs, art, and dialogue. Stealing Joy: Finding Resilience in Black Holiday Traditions Thursday, December 3, 6:00 to 7:00pm Join a conversation between friends, Kamau Ware and Nicole Taylor, that highlights the ways Black people make space to affirm themselves during troubling times. This reflective conversation will cover history and recipes of the African American experience. RSVP Here. Photo: Created by Kamau Ware for the Sugar Shadow Collection © 2019 Lenape (Delaware) Arts in Indian Territory: History, Survivance, and Renaissance Tuesday, December 8, 4:00 to 5:00pm Join Joe Baker, Executive Director and Co-Founder of The Lenape Center, for a virtual presentation on Lenape (Delaware) Arts in Indian Territory. RSVP Here. Photo from The Thaw Collection, Fenimore Art Museum.    These presentations are made possible with funds from the Decentralization Program, a regrant program of the New York State Council on the Arts, with the support of Governor Andrew Cuomo and the New York State Legislature, and administered by the Bronx Council on the Arts. The Enslaved People Project is a joint effort of the Van Cortlandt Park Alliance, Van Cortlandt House Museum operated by The National Society of Colonial Dames in the State of New York, and the Kingsbridge Historical Society.  While we know that the majority of enslaved people that lived in Van Cortlandt Park were either African or of African descent, some are described as “Indians” in the historical record. It is unknown if those people were indigenous to this area or brought here by their enslavers. It is called the ‘Enslaved People Project’ to be inclusive of all enslaved people who lived on Van Cortlandt Plantation, whether their origins are known or unknown.  Visit our EPP page for more information.

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Van Cortlandt Park Alliance 80 Van Cortlandt Park South, Ste. E1 Bronx, NY 10463 www.vancortlandt.org

Partnerships for Parks - Raise Money and Set Goals During the Pandemic

 

Join us in December to learn how to raise money and set goals during the pandemic. Also, fill out our brief survey for the chance to win a $100 Amex gift card! FUNDRAISING STRATEGIES: GRANT WRITING AND DISCRETIONARY FUNDING Fundraising to support local parks and neighborhoods during COVID-19 may be difficult, but funding is available! Back by popular demand, our second fundraising webinar this fall will help you hone your grant-writing skills and learn how to seek out discretionary funding from elected officials. Join us and create a compelling fundraising pitch to communicate your group’s needs and form a plan to address them. You will also: Hear from expert speakers on the ins and outs of writing grant proposals Learn how to choose a fundraising goal and strategy Pick up tips on soliciting business and in-kind donations Have a chance to connect with community leaders Featured speakers:  Katie Grassle, Senior Program Manager, Citizens Committee for NYC Emily Sherrod, Community Engagement Manager, City Parks Foundation Registration for this session is required and will close the day before the event. You will receive information on how to join the webinar once you register. If you have any questions, please contact Jordan Mullaney at jmullaney@cityparksfoundation.org. Wednesday, December 2 from 6:00 pm to 7:30 pm REGISTER NOW SETTING GOALS DURING UNCERTAIN TIMES: BEING PERSISTENT DESPITE SETBACKS Planning for the future is possible during COVID-19, and we’ll show you how. Attend the second session of our two-part webinar to learn practical methods for moving forward after facing challenges on the path to your goal and walk away with an attainable plan. All are welcome to attend. We will walk through techniques from the Partnerships Academy Fellowship, which leaders have used to reach new fundraising goals, receive 501(c)3 status, develop new programs, and recruit members. You will also meet like-minded New Yorkers doing important work to support their parks and communities. As a bonus, we are offering a chance to win FREE raffle prizes by taking Leah's Goal-Setting Quiz! Registration for this session is required and will close the day before the event. You will receive information on how to join the webinar once you register. If you have any questions, please contact Jordan Mullaney at jmullaney@cityparksfoundation.org. Thursday, December 10 from 6:00 pm to 7:30 pm REGISTER NOW 2020 PARTNERSHIPS ACADEMY SURVEY Please take 5-10 minutes to fill out the following survey. Your input will help us plan meaningful webinars for park and green space advocates across the city in 2021. Include your contact information to be entered into a raffle to win a $100 AMEX gift card! The deadline is December 10, 2020. COMPLETE SURVEY Partnerships for Parks is a joint program of City Parks Foundation and NYC Parks that supports and champions a growing network of leaders caring and advocating for neighborhood parks and green spaces. We equip people and organizations with the skills and tools needed to transform these spaces into dynamic community assets.

Statement from Governor Andrew M. Cuomo on Nuclear Regulatory Commission Approval of Entergy's Sale of Indian Point

 

"Cleaning up Indian Point will be complicated and expensive, and for the Nuclear Regulatory Commission to act without considering New York's request for a hearing is unacceptable and denies New Yorkers the public and transparent process they deserve. We remain committed to ensuring that the decommissioning process is done quickly and prioritizes the safety of New Yorkers and as such, we are considering all options at our disposal to see that the shutdown of this facility protects the public's health and the environment. Critical to that is for any new owner to have the capability and financial wherewithal to expeditiously and thoroughly decommission and restore the site. New York is unwavering in our commitment to holding any owner of Indian Point to the highest standards throughout this process and we will continue to fight to ensure it is shut down safely."

MAYOR DE BLASIO HOLDS VERIZON ACCOUBTABLE TO CONNECT HALF A MILLION NEW YORK CITY HOUSEHOLDS TO BROADBAND

 

Under the terms of the agreement, Verizon will build out Fios connectivity for New Yorkers, prioritizing the least-connected communities and NYCHA residential buildings

Mayor Bill de Blasio today announced an advancement in tackling the digital divide in New York City by ensuring that Verizon builds out its FiOS footprint to 500,000 additional households, making high-speed fiber broadband available to more New Yorkers.

 

The agreement secured by Mayor de Blasio addresses disparities faced by low-income and New York City Housing Authority (NYCHA) families across the city. Due to the corporation’s previous failure to connect many buildings, large portions of New York City neighborhoods are under an effective monopoly, with only one cable and broadband provider, risking lower speeds and higher costs. Under the settlement, Verizon is compelled to prioritize the least-connected Community Districts and ensure connectivity for every NYCHA residential building. The City began proceedings against Verizon due to the telecom’s failure to meet the terms of its cable franchise agreement, inked under the Bloomberg administration, to build out its Fios network.

 

“Internet access is an economic right in New York City, no matter your ZIP code. Tech giants will not stand in our way to deliver high-quality broadband to New Yorkers – they must be a part of the solution,” said Mayor Bill de Blasio. “COVID-19 has further exposed the inequalities in internet access while changing the way New Yorkers work, learn, and live. We will continue to hold any corporation that fails to deliver on its promise to New Yorkers accountable.”

 

As New York City charts a path to recovery, broadband is no longer a luxury, but an essential service to maintain health, receive an education, and access employment. In addition to ensuring Verizon will build out its network, the City continues to accelerate the NYC Internet Master Plan to systematically close the digital divide. 

 

“As we plan an equitable recovery for New York City, closing the digital divide remains more urgent than ever,” said Deputy Mayor for Operations Laura Anglin. “The Internet has the power to connect New Yorkers to social services, jobs, school and more. This settlement and the Internet Master Plan will ensure New Yorkers of all walks of life can access quality broadband.”

“This settlement will make sure that Verizon builds out its fiber footprint more equitably throughout New York City — especially in low-income communities that have historically been underserved by internet service providers,” said DoITT Commissioner and Citywide CIO Jessica Tisch. “This agreement attacks that unfair imbalance, and recognizes that high-quality internet is a necessity, not a luxury.”

"The New York City Internet Master Plan makes clear the need for more options in parts of the five boroughs that have been historically underserved by industry. This settlement will lead to more choice for New Yorkers, particularly those most vulnerable to the health and economic impacts of the COVID-19 pandemic," said John Paul Farmer, New York City Chief Technology Officer. "With a focus on COVID-priority neighborhoods and an eye on racial equity, the City is working in unprecedented ways with large companies, small startups, and community-based organizations to increase choice, lower costs, and put New York City on the path to universal broadband." 

“If you are a child who needs access to an online class or a senior who wants to see a loved one, you know better than most how vital internet access is to daily life,” said Corporation Counsel James E. Johnson.  “We resolved this case so that more New Yorkers will have access to a vital tool.  The pandemic has underscored this critical need.  This resolution could not be more timely.”   

 

Many of the neighborhoods that have the most to gain from this settlement are Community Districts that are hardest hit by the COVID-19 pandemic; with low median household incomes; and fewest options, if any for affordable broadband, including:

 

• Bronx 2 (Hunts Point, Inwood)
• Bronx 5 (Fordham/Morris Heights, Mount Hope, University Heights)
• Brooklyn 16 (Brownsville, Ocean Hill)
• Bronx 7 (Bedford Park, Fordham, Jerome Park, Kingsbridge Heights, Norwood, University Heights)
• Manhattan 9 (Hamilton Heights, Manhattanville, Morningside Heights)
• Brooklyn 12 (Borough Park, Kensington, Ocean Parkway, Midwood)
• Manhattan 3 (Alphabet City, the East Village, the Lower East Side, Two Bridges, Chinatown)
• Brooklyn 9 (Crown Heights, Prospect Lefferts Gardens, Wingate)
• Manhattan 12 (Inwood, Washington Heights)
• Brooklyn 4 (Bushwick)
• Queens 12 (South Jamaica)

 

At a minimum, Verizon will make connections available to 125,000 additional households in these Community Districts, which means that if a resident requests paid FiOS service, Verizon will be required to make it available generally within seven days.

 

The terms of the settlement call for Verizon to report quarterly on their progress, and the City will make public the list of newly eligible households that were previously ineligible for FiOS or broadband service.  The lawsuit and its settlement highlight the City’s commitment to holding franchisees accountable to meet their commitments to the public. The City’s franchise team will be closely monitoring Verizon’s performance for any slippage from the terms of this agreement and is prepared to ensure serious consequences for failure to perform. The settlement is subject to approval from the NYC Franchise and Review Commission and the Public Service Commission.

 

Many New Yorkers lack internet connections at home and others have only limited broadband service. Today’s settlement will ensure that 500,000 households that previously lacked Verizon broadband access because of a corporate failure to invest in the necessary infrastructure will have the option of fiber broadband, and create critical cost competition in areas where today only one provider exists.

 

This settlement is complementary to other City-led efforts underway to achieve the goal of universal broadband, including the Taskforce on Racial Inclusion & Equity’s efforts announced in July to extend new low cost internet service options to 600,000 underserved New Yorkers, including 200,000 NYCHA residents, over the next 18 months. New Yorkers need more from the companies that serve them – they need affordable service options. At a time when nearly a third of New Yorkers do not have home broadband, New York City’s Internet Master Plan has made the single largest capital investment by any municipality in the country to end the digital divide. The City will soon be releasing a solicitation for new open-access infrastructure and will engage new and existing broadband companies in serving New Yorkers with high-quality, affordable internet service options. It is critical that the private sector partners with the City to ensure New Yorkers are affordably connected to the internet.

 

Attorney General James Helps Secure $17.5 Million After Data Breach at The Home Depot

 

New York State to Receive Nearly $600,000

 New York Attorney General Letitia James today announced a multistate agreement with The Home Depot, Inc. that resolves an investigation into a massive 2014 data breach, which compromised the payment card information of approximately 40 million consumers nationwide. Today’s agreement resolves the cyberattack by requiring The Home Depot to pay 46 states and the District of Columbia a total of $17.5 million — of which $597,459.80 will go to New York state. In addition to the payment, The Home Depot has also agreed to a series of data security practices designed to strengthen its information security program and safeguard the personal information of consumers.

“New Yorkers have every reasonable expectation that their personal financial information will remain private and protected,” said Attorney General James. “Instead of building a secure system, The Home Depot failed to protect consumers and put their data at risk. My office is committed to protecting consumers, which is why we will continue to use every instrument in our toolbox to hold accountable companies that fail to safeguard personal information.”

The breach occurred when hackers gained access to The Home Depot’s network and deployed malware on the company’s self-checkout point-of-sale system. The malware allowed hackers to obtain the payment card information of customers who used self-checkout lanes at The Home Depot stores throughout the U.S. between April 10, 2014 and September 13, 2014.

As part of the agreement, The Home Depot will also make a series of provisions to its security protocols, including:

• Employing a duly qualified chief information security officer — reporting to both senior or C-level executives and the board of directors regarding The Home Depot’s security posture and security risks;
• Providing resources necessary to fully implement the company’s information security program;
• Providing appropriate security awareness and privacy training to all personnel who have access to the company’s network or responsibility for U.S. consumers’ personal information;
• Employing specific security safeguards with respect to logging and monitoring, access controls, password management, two-factor authentication, file integrity monitoring, firewalls, encryption, risk assessments, penetration testing, intrusion detection, and vendor account management; and
• Undergoing a post settlement information security assessment — consistent with previous state data breach settlements — that, in part, will evaluate its implementation of the agreed upon information security program.

Joining Attorney General James in filing today’s multistate agreement are the attorneys general of Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and the District of Columbia.