2006 New York Code - Residential Telephone Equipment Advertising, Sale And Warranty Requirements.



 
    §   349-b.  Residential  telephone  equipment  advertising,  sale  and
  warranty requirements. 1. For the purpose of this section:
    (a) "Residential telephone equipment"  shall  mean  customer  premises
  equipment   such   as  telephone  handsets,  designed  for  use  on  the
  residential premises of a person, other than a  carrier,  to  originate,
  route  or  terminate  telecommunications, and does not include equipment
  used to multiplex, maintain or terminate access lines;
    (b) "New  residential  telephone  equipment"  shall  mean  residential
  telephone equipment that is neither rebuilt nor used;
    (c)  "Rebuilt  residential telephone equipment" shall mean residential
  telephone equipment  which  has  been  modified,  rebuilt,  improved  or
  reconditioned,  either with new components or with components which were
  previously used in other equipment;
    (d) "Used residential  telephone  equipment"  shall  mean  residential
  telephone  equipment  previously  used  by  another person and in proper
  working order but not modified, rebuilt, improved or reconditioned;
    (e) "Consumer"  or  "purchaser"  shall  mean  a  retail  customer  who
  purchases such equipment for personal use in a place of residence; and
    (f)  "Seller" shall mean any retailer, distributor or manufacturer who
  sells or offers for sale new residential  telephone  equipment,  rebuilt
  residential  telephone equipment or used residential telephone equipment
  directly  to  a  consumer  or  purchaser  or  places  in  the  chain  of
  distribution  such  equipment  to  be  ultimately  sold to a consumer or
  purchaser.
    2. Any manufacturer of new residential  telephone  equipment,  rebuilt
  residential  telephone equipment or used residential telephone equipment
  shall specify on or in the package in which such equipment is sold,  and
  any  seller shall specify in all advertisements and catalogues excepting
  television,  radio  and  cable  television  advertising   whether   such
  equipment  employs  pulse,  tone,  pulse-or-tone  or  another signalling
  method and a statement as  to  whether  such  equipment  is  capable  of
  accessing tone-actuated computer systems.
    3.   Notwithstanding   any  other  provisions  of  this  chapter,  the
  provisions of subdivision two of this section shall not apply to any  of
  the following:
    (a)  Advertising,  point-of-sale advertising, catalogues for and sales
  of such equipment not intended for  direct  connection  to  a  telephone
  corporation's lines or a central switching office;
    (b)  Advertising  for  such equipment located on a customer's premises
  offered for sale in place; and
    (c) Catalogues and equipment packages for such equipment which are  in
  print  or  physical  production  on or before the effective date of this
  section.
    4. Any manufacturer of such equipment shall specify on the package and
  any retailer shall specify in conspicuous notice at  the  point-of-sale,
  excepting sale in place:
    (a) whether such equipment is rebuilt or used;
    (b)  whether  such  equipment requires a source of power or connection
  other than ordinary connections to the inside premises' telephone wiring
  of the customer.
    5. Any manufacturer of such equipment, except equipment sold in place,
  shall specify on the package the period of warranty of  such  equipment.
  Information  regarding obtaining a copy of the warranty showing the name
  and address  of  the  manufacturer  or  other  person  to  whom  service
  questions  or  warranty  claims  should be addressed during the warranty
  duration shall be specified on or in the package.
    6. Any seller of such equipment, except equipment sold in place, shall
  provide written warranties of not less than one year for new residential
  telephone equipment, not less than ninety days for  rebuilt  residential
  telephone  equipment  and  not less than sixty days for used residential
  telephone equipment. All warranties shall guarantee that  the  equipment
  so warranted is fit for the use for which it is intended during the time
  period  specified in this subdivision. The primary obligation to provide
  the written warranty required by this section shall be the obligation of
  the manufacturer or distributor of the residential telephone  equipment.
  A  retailer  shall  be  deemed to have complied with this section if the
  residential telephone equipment it sells is warranted in compliance with
  the requirements of this section by the manufacturer or distributor.  If
  the  equipment does not conform to the written warranty and the consumer
  or purchaser reports, during the effective period of the warranty,  such
  nonconformity, defect or condition to the manufacturer, the distributor,
  or  the  retailer  from  whom  the  consumer  or purchaser purchased the
  equipment, such equipment shall be replaced or repaired, free of  charge
  by  any  such  seller  to  whom  the  consumer  or purchaser reports the
  nonconformity, defect or condition.
    7. It shall be an affirmative defense to any claim under this  section
  that  the  nonconformity,  defect  or  condition is the result of abuse,
  damage while in transit to a service location, neglect  or  unauthorized
  modifications or alterations to such telephone equipment.
    8.  Nothing  in  this  section  shall  in  any way limit the rights or
  remedies which are otherwise available to a consumer or purchaser  under
  any other law.
    9.  Nothing  in  this  section  shall  in  any way limit the rights or
  remedies which are otherwise available to a  seller  against  any  other
  seller.  Any  seller  who  repairs  or  replaces  residential  telephone
  equipment at the request of a consumer or purchaser shall have  a  right
  of  subrogation to assert any claim the consumer or purchaser would have
  had against any prior seller in the chain of distribution.
    10. Any person who has been injured by reason of any violation of this
  section may bring an action to enjoin such unlawful act or practice  and
  to  recover  actual  damages or fifty dollars, whichever is greater. The
  court may, in its discretion, increase the award of damages to an amount
  not to exceed three times the actual damages up to one thousand  dollars
  if  the  court  finds the defendant willfully or knowingly violated this
  section.
    11. Any agreement entered into by a consumer for the purchase  of  new
  residential telephone equipment, rebuilt residential telephone equipment
  or   used  residential  telephone  equipment  which  waives,  limits  or
  disclaims the rights set forth in this section shall be void as contrary
  to the public policy.
    12. Any action brought pursuant to this  section  shall  be  commenced
  within three years of the date of original delivery of such equipment to
  the consumer or purchaser.
    13.  A  court  may  award  reasonable  attorney's fees to a prevailing
  plaintiff.

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