N.Y. General Business Law § 349-b: 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.