N.Y. General Business Law § 218-aa: Warranty disclosure

§ 218-aa. Warranty disclosure. 1. As used in this section, the term

"grey markets merchandise" means any brand-name consumer product

normally accompanied by a warranty valid in the United States of America

which is imported into the United States through channels other than the

manufacturer's authorized United States distributor, for sale to the

public in this state, and which, by reason of this manner of

distribution, may not be accompanied by a manufacturer's express written

warranty valid in the United States. Grey markets merchandise shall be

limited to products purchased by a consumer for use primarily for

personal, family or household purposes.

2. Every retail dealer who knowingly offers for sale grey markets

merchandise shall conspicuously post, in the following manner, the

information required by subdivision three of this section:

a. On a sign attached to the item itself; or

b. On a sign affixed to each cash register or point of sale at which

such goods are offered for sale; or

c. On a sign so situated as to be clearly visible to the buyer from

the register.

3. Every retail dealer who offers for sale grey markets merchandise

shall disclose, as applicable, that either some of the products or a

specific product are not:

a. accompanied by the manufacturer's warranty valid in the United

States; or

b. accompanied by instructions in English; or

c. eligible for a rebate offered by the manufacturer.

4. Every retail dealer or dealer engaged in a mail-order business who

offers for sale grey markets merchandise shall include the disclosure

required by subdivision three of this section in any written

advertisement relating to such product. Such disclosure shall be made in

type of a conspicuous size.

5. Any retail dealer who violates any provision of this section shall

be liable, for a period of up to twenty days from the date of purchase,

to the buyer for a refund or credit on credit-card purchases provided

the product purchased has not been used or damaged by the buyer.

6. Whenever there shall be a violation of this section an application

may be made by the attorney general in the name of the people of the

state of New York to a court or justice having jurisdiction by a special

proceeding to issue an injunction, and upon notice to the defendant of

not less than five days, to enjoin and restrain the continuance of such

violations; and if it shall appear to the satisfaction of the court or

justice that the defendant has, in fact, violated this section, an

injunction may be issued by such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. In any such

proceeding, the court may make allowances to the attorney general as

provided in paragraph six of subdivision (a) of section eighty-three

hundred three of the civil practice law and rules, and direct

restitution. Whenever the court shall determine that a violation of this

section has occurred, the court may impose a civil penalty of not more

than five hundred dollars for each violation. In connection with any

such proposed application, the attorney general is authorized to take

proof and make a determination of the relevant facts and to issue

subpoenas in accordance with the civil practice law and rules.

7. Provided, however, that it shall be an affirmative defense that the

consumer is provided with a written warranty which offers equal or

greater protection than the manufacturer's warranty through a warrantor

demonstrated to be a financially responsible retailer, distributor,

importer or other third person capable of fulfilling warranty

obligations.