2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 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.