Photo Courtesy of Sen. Peralta’s Office
“Under my proposal, we replace the Truth in Travel Act with a registry for travel consultants and promoters,” Peralta said on Monday.
By Forum Staff
State Sen. Jose Peralta (D-East Elmhurst) this week announced legislation that would require travel consultants and travel promoters operating in or doing business with New York to register with the New York Department of State.
According to Peralta, the implementation of a registration scheme would safeguard consumers against fraud, misrepresentation, and false advertising, while also addressing security concerns.
Under the proposal, the senator said, DOS will assign a registration number to each travel agent, and that number must be displayed by the agent at his or her place of business, as well as on all documents created by a registrant’s business, including on business cards, all personalized stationery, and all documents produced for each individual customer. DOS would maintain a database of all registered agents on its website, easily accessible to the general public.
In an effort to adequately fund enforcement, the registration application fee would be $100, followed by an annual renewal fee of $100. Registrations would be non-transferable, and if ownership of a registered travel agency changes hands, the new owner would have to apply for a separate registration, Peralta noted. In order to obtain a proper registration, a person or business would undergo a vetting process by DOS. If any changes are made to the information underlying a registration, the registration holder would have to notify DOS within 10 business days.
According to the legislation, the state agency will have the power to revoke, suspend or impose a fine of up to $1,000 if the applicant has, among other things, defrauded consumers in the past, or demonstrated incompetence or a lack of trustworthiness in their business dealings. Any individual who had their registration suspended would be ineligible to reapply for a registration for a period of one year after it was suspended. If DOS denies a registration provided for by the legislation, the applicant would have the right to a hearing to challenge such a decision. Travel consultants or promoters without a proper registration would be prohibited to operate anywhere in New York, Peralta said.
The existing New York State Truth in Travel Act already offers consumer protections to travelers, but Peralta pledged that his bill goes further by creating a centralized registry and by strengthening penalties mandated by the General Business Law.
“Consumers are ripped off every day with lies, scams, false travel packages,” Peralta said. “Under my proposal, we replace the Truth in Travel Act with a registry for travel consultants and promoters. Currently, the Department of State can already investigate consumer protection allegations, but my legislation will [offer] further protections by implementing a more regimented system where consumers can play a proactive role in protecting their interests.”
Carmencita Gutierrez, director of the Queens District Attorney’s Office of Immigrant Affairs, helped the senator unveil the bill on Monday at a press conference in Jackson Heights. DA Richard Brown said he “enthusiastically supports” Peralta’s proposal.
“The registry will be a great first step in helping consumers connect with legitimate travel coordinators. Consumers will be better able to inform themselves about whom they do business with,” Brown added. “This legislation will be particularly useful for our growing immigrant communities that are too often victimized by scam artists posing as travel agents and experts. I want to thank Senator Peralta for this important initiative.”
