Do stores have to accept returns in New York? Here are the rules

The holidays are known as the shopping season. But as soon as they are over, Americans switch into the return season.

Shoppers returned $743 billion worth of merchandise in 2023, according to the State of Retail Returns 2024 report by Optoro.

The average return rate across channels was 14.5% last year (17.6% for goods purchased online and 10% for items purchased at brick-and-mortar stores).

Do retailers have to accept returns?

There is no federal law requiring stores to accept returns. But some states have return and refund laws, and New York is one of them.

New York state law does not require retailers to accept returns. However, if they do not, the law requires them to post a conspicuous notice visible to consumers before the point of sale advising that no returns will be accepted.

If a retailer does not post a return policy, New York law requires them to accept returns of unused, undamaged merchandise within 30 days of the purchase. The returned item must include a proof of purchase and the refund must be in the form of cash or credit based on the customer’s preference.

For retailers that allow returns, New York requires that the form of the refund – cash, credit or exchange – be clearly disclosed in advance of the purchase.

Can stores charge a “restocking” fee?

New York law does not prohibit retailers from charging a fee for returns. However, they must disclose any such fees – often labeled as a “restocking fee” – before the sale.

“If no fee is listed, customers should inquire whether the store imposes a re-stocking fee for returned merchandise and determine prior to purchase if the item can be returned for a refund or only store credit,” the state Division of Consumer Protection advises.

The department also recommends consumers hold on to receipts and packaging in case an item needs to be returned. And if purchasing gifts, ask if a gift receipt is available, it suggests.

How to file a complaint or get help

Consumers who are having trouble obtaining a refund can file a complaint online via the Division of Consumer Protection website. Consumers can also download a printable complaint form from the website that can be mailed to the division.

The division also provides voluntary mediation between a consumer and a business when a consumer has been unable to reach a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday through Friday from 8:30 a.m. to 4:30 p.m., excluding holidays.