The State Consumer Protection Board in the Executive Department was created in 1970, and is headed by an executive director appointed by the governor with the advice and consent of the senate. The CPB is divided into three organizations—the Consumer Assistance Unit, "Do Not Call" Telemarketing Law Investigation and Enforcement Unit, and the Office of Strategic Programs (which in turn is composed of an Outreach and Education Unit, and a Utility Intervention Unit). The board coordinates the activities of all state agencies performing consumer protection functions, represents consumer interests before federal, state, and local bodies (including the Public Service Commission), and encourages consumer education and research, but it has no enforcement powers. These are vested in the Bureau of Consumer Frauds and Protection within the Department of Law, under the direction of the attorney general. The Department of Public Service has regulatory authority over several areas of key interest to consumers, including gas, electric, and telephone rates.
State law outlaws unfair or deceptive trade practices and provides for small-claims courts, where consumers can take action at little cost to themselves. New York licenses and regulates automobile repair services, permits advertising of prescription drug prices, and requires unit pricing. A "coolingoff" period for home purchase contracts is mandated, and standards have been established for mobile-home construction. New York has no-fault automobile insurance. In 1974, the legislature outlawed sex discrimination in banking, credit, and insurance policy transactions; the state's fair-trade law, which allowed price fixing on certain items, was repealed in 1975. The Fair Credit Reporting Act passed in 1977, allows consumers access to their credit bureau files. A 1984 "lemon law" entitles purchasers of defective new cars to repairs, a refund, or a replacement under specified circumstances. A similar law for used cars requires a written warranty for most essential mechanical components.
Extremely influential both within the state and throughout the US is the Consumers Union (CU), established as a nonprofit corporation at Mt. Vernon in 1936. CU derives its income solely from sales of its magazine, Consumer Reports, and other publications. The magazine embraces many consumer interests, but the bulk of each issue consists of product reports on items as varied as stereos and canned chili. Product tests are conducted by CU's own research staff. Ratings of products may not be cited in advertising or used by product manufacturers or distributors for any commercial purpose.