2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 392-A - Sale of New Computers.

§  392-a.  Sale  of  new  computers.  1.  As used in this section, the
following terms have the following meanings:
(a) "Computer" means an electronic machine that  performs  high  speed
mathematical   or   logical  calculations  or  that  assembles,  stores,
correlates, or otherwise processes and outputs information derived  from
coded data in accordance with a predetermined program;
(b)  "Computer accessory" means keyboards, monitors, printers, mouses,
or other hardware attachments to a computer; and
(c) "Consumer" means any purchaser of a computer or computer accessory
primarily for personal or home business use.
2.  No  person,  firm,  partnership,  association,  limited  liability
company, corporation, or other entity shall use remanufactured, rebuilt,
or  recycled  parts  in the manufacture for sale or distribution in this
state of a new computer or any new computer accessory to a  consumer  at
retail,  unless (1) such computer or computer accessory contains a clear
and conspicuous label in  accordance  with  subdivision  three  of  this
section;  or  (2)  the  manufacturer otherwise provides to the consumer,
prior to  purchase,  clear  and  conspicuous  notice  that  the  product
contains rebuilt, remanufactured or recycled components.
3.  The  label  required  pursuant  to subdivision two of this section
shall:   (a) indicate that  such  computer  or  computer  accessory  may
contain remanufactured, rebuilt, or recycled parts; and
(b) be displayed by sticker or tag affixed to the computer or computer
accessory  or  its protective packaging or wrapping, or if such computer
or computer accessory is in a  box,  such  label  shall  be  printed  or
displayed by sticker or tag affixed to the outside of such box.
4. 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
violation; 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  the  court  or  justice,  enjoining  and
restraining  any  further  violations,  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. If the court in such a special proceeding determines 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.