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         July 24, 2001


(Mineola, NY) Minority Leader and Nassau County Legislator Peter J. Schmitt (R-Massapequa) on behalf of his Republican colleagues has filed local legislation entitled, "Consumer Protection Act of 2001", that protects consumers against misleading advertising.

The legislation results from a flyer that was distributed in Legislator Schmitt's community that misleads consumers into believing that a delivery of a gift was attempted at their residence but they were not home to accept the merchandise. Consumers are then directed to a phone number where they must accept a presentation at their home before receiving the intended gift.

The Consumer Protection Act accomplishes the following:
  • Prohibits the advertisement of any simulated gift offer unless the advertisement contains the phrase "This is not a Free Gift or Delivery" and "This is Not an Official Document".
  • Establishes a fine not to exceed $1000 for a violation of the Act.
"This type of advertising is misleading and could cause consumers to falsely believe that a delivery was attempted at their home by either the Postal Service or other delivery service of a gift intended for that person or their family," said Legislator Schmitt. "This legislation will protect residents by ensuring that they know that this is an advertisement and not a service delivery notice

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