Offering Layaways

Table of Contents

• Introduction
• Laws That Affect Layaways
  • Federal Laws
  • State and Local Laws
• Disclosing  Layaway Terms
  • Important Matters to Disclose
  • Cancellation and Refund Policies
  • Payment Plans
  • Service or Layaway Charges
  • Location of Layaway Merchandise
  • Availability of Merchandise
  • Identification of Merchandise
  • Common Ways to Disclose Terms
• Appendix
  • Layaway Checklist
  • Sample Layaway Sales Receipt

Introduction

If you offer layaways, or are thinking about doing so, you may find this booklet helpful in avoiding potential misunderstandings with your customers.

The booklet discusses laws that affect layaways and describes various features of layaway plans. It suggests how you might communicate to your customers important information about your layaway plan, and it contains a checklist of suggested layaway disclosure information and a sample layaway receipt. You may wish to use this information to develop your own layaway form or to review the layaway procedures you now are using.

If, after reading this guide, you have questions about layaways, write to the Correspondence Branch, Federal Trade Commission, Washington, D.C. 20580, or contact the FTC regional office nearest you. The addresses and telephone numbers of the regional offices are listed on the back cover of this booklet.

Laws That Affect Layaways

There is no federal law that specifically governs layaway transac­tions. However, you should be aware of two federal laws—the Federal Trade Commission Act and the Truth in Lending Act— that could affect your layaway plan. In addition, you should be aware that layaway practices could be affected by state or local laws.

Federal Laws

The Federal Trade Commission Act prohibits unfair or decep­tive acts or practices in or affecting commerce. Failure to disclose important terms of your layaway plan under certain circumstances may violate the Act. The information contained in this booklet should enable you to avoid such potential violations.

Your layaway plan may be covered by the Truth in Lending Act if you require your customers to agree in writing to make all payments until an item is paid in full. If you do not bind your customer in writing to complete the layaway purchase, then the Truth in Lending Act does not apply. For further information about the requirements of the Truth in Lending Act, contact the Federal Trade Commission.

State and Local Laws

Some state and local laws specifically apply to layaway pur­chases. When this guide was prepared, such laws existed in California, Idaho, Illinois, Massachusetts, Maryland, New York, Ohio, Rhode Island, the District of Columbia, and New York City. These laws vary widely in what they require. In addition, most states have general consumer protection laws that may apply to layaways.

Disclosing Layaway Terms

There are good business reasons to give your layaway customers written disclosures:

• they help assure that customers understand their payment obligations;
• they give notice to customers of your layaway policies;
• they help ensure that all customers receive the same information; and
• they help prevent misunderstandings and disputes.

Important Matters to Disclose

There are some particularly important aspects of layaway plans to consider disclosing. These include: cancellation and refund policies; payment plans; service or layaway charges; and the location, availability, and identification of layaway merchandise.

Cancellation and Refund Policies

It is always a good business practice to inform customers about your cancellation and refund policies because the absence of cancellation and refund information can be a great source of customer dissatisfaction. By disclosing these policies in writing, you may significantly reduce customer complaints and the possibility of dissatisfied customers taking their business elsewhere.

Retailers use a number of different refund policies for layaway transactions. Some give full or partial cash refunds if layaways are not completed. Others give credit toward future purchases. State law may dictate what refund policy you must follow.

When you describe your cancellation and refund policy, use clear, simple, and direct language. For example, if you give full refunds, you might say:

If you do not give full refunds, clearly state how much, if anything, you will charge for the incomplete layaway transaction. However, you should check the laws in your state. Some states limit the amount retailers may charge. If you give only partial refunds, you might say:

If you do not give cash refunds, but give credit toward a future purchase, you might say:

By disclosing refund information, your customers will know what to expect if they do not complete the layaway purchase.

Payment Plans

If you require a specific amount of money to be paid at set intervals (for example, every two weeks), or require payments to be completed within a set period of time (for example, within 60 days of the start of the layaway), it will help your layaway customers to know your exact requirements. This disclosure might include:

• the required payment amounts;
• the dates when payments are due; and
• the date when the final payment must be made, if applicable.

While the dollar amount, the number, and sometimes the frequency of payments may vary with the cost of the purchase, you may want to develop a standard payment disclosure format. For example, your layaway sales receipt might say

Vague descriptions of payment terms will not help your customers understand your policy. Three such vague but commonly used phrases are given below, along with reasons why they are inadequate:

Inadequate because:  This does not tell your customers when their payments start, when the next payments are due, nor when the final payment must be made.

Inadequate because: This does not tell your customers the beginning or ending dates of their layaway plan, nor give the exact dollar amount they must pay each time.

Inadequate because: This does not tell your customers the required payment amounts, the dates when payments are due, nor the date when final payment must be made.

Some retailers have a policy of canceling the layaway if the customer does not make a payment by a certain date or does not complete the transaction within a specified period. If you have such a policy, consider informing your customers in writing to avoid misunderstandings.

Some other retailers will let a layaway completion date go by, particularly if the payments are almost complete. As a reminder, such retailers send notices to their customers giving them a new date when all payments must be completed. If you have such a policy, you may want to use a notice that says:

Service or Layaway Charges

If you add a service or layaway charge to the purchase price, your customers will probably want to know this before they begin the layaway. Your sign or layaway sales receipt might say:

If any other charges, like shipping, are imposed, informing your customers with a similar statement is helpful.

Location of Layaway Merchandise

Customers who buy merchandise on layaway may expect that the item will actually be "laid away''—physically separated from stock available for sale. Many retailers remove layaway articles from the sales floor; others keep large items, such as furniture or major appliances, on the sales floor but mark them "sold." If you do not separate the layaway purchase from merchandise to be sold, telling your customers about your practice may avoid future complaints. You might post that information or include it on the layaway sales receipt. For example, a sign might say:

Availability of Merchandise

If the merchandise must be ordered, your customers will probably want to know when and under what circumstances it will be ordered. A notice explaining your policy might say:

Identification of Merchandise

Because several months may elapse between the time a layaway purchase is started and the time the merchandise is picked-up, your customers may not always remember all the details about the merchandise they purchased.

To help avoid potential confusion about the particular merchandise selected, you may want to identify the layaway item on the layaway sales slip. Clearly describing the item s identifying characteristics, such as color, size, stock number, model number and trade name or manufacturer, may prevent misunderstandings when the customer makes the final payment and is ready to claim the layaway merchandise. For example, you might identify a dress purchased on layaways as:

Common Ways To Disclose Terms

Businesses communicate their layaway terms in different ways. Some post their layaway terms on a sign in their stores. Others have their layaway disclosures on layaway sales receipts and provide customers with a copy when a purchase is made. Some retailers use both sales receipts and signs.

To avoid misunderstandings. always try to say who will do what on your sales receipt. This will let your customers know specifically what they must do to fulfill their part of the layaway transaction. Clear examples, short sentences, and easy-to-read type will help to convey your message.

If you post your layaway terms on a sign in your store, the sign (or signs) should be placed in an appropriate and conspicuous location (or locations), and the message should be clear and large enough to be read from a distance.

Appendix

Checklist and Sample Layaway Sales Receipt

To help you evaluate your current layaway procedures, this booklet provides a layaway checklist and a sample layaway sales receipt. The checklist covers layaway information that your customers may want or need. The sample layaway sales receipt suggests ways you can adapt your current sales receipt to provide more complete information to your layaway customers.

Layaway Checklist

Does your layaway sales receipt include everything you want your customers to know about your layaway plan? For example, does it give:

• A description of the merchandise to be purchased?
• The total price of the purchase, including any service, layaway, or other charge?
• The minimum amount of each payment?
• Dates when payments are due?
• The date when the final payment must be made?
• Your cancellation and refund policy?
• Information about how refund or credit amounts are determined?
• Notice to the customer about whether the selected item will be separated from other merchandise?
• The time when the item will be ordered, if it is not already in stock?

Layaway Sales Receipt

Under Federal law, you do not have to use any particular form to provide information about your layaway plan, unless the Truth in Lending Act applies. State or local laws, however, may have such a requirement.

The following section indicates how you can disclose important layaway information in a clear and understandable way. You may wish to use this form to revise or draft your own receipt.

Sample Layaway Sales Receipt

Refund Policy

1. You may cancel this layaway at any time before your last payment is made by notifying us. [YOU MAY WANT TO SPECIFY HOW THE CUSTOMER SHOULD NOTIFY YOU.] If we do not receive your final payment by the "final payment due" date, we will automatically cancel your layaway purchase unless we agree to extend that date.

2. In the event of cancellation, we will refund all money you have paid.
[Or: In the event of cancellation, we will refund all money you have paid, less a cancellation charge of $______.]
[Or: In the event of cancellation, we will credit all money you have paid toward a future purchase.]

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.