§ 218-AA — Warranty disclosure

§ 218-aa. Warranty disclosure. 1. As used in this section, the term\n"grey markets merchandise" means any brand-name consumer product\nnormally accompanied by a warranty valid in the United States of America\nwhich is imported into the United States through channels other than the\nmanufacturer's authorized United States distributor, for sale to the\npublic in this state, and which, by reason of this manner of\ndistribution, may not be accompanied by a manufacturer's express written\nwarranty valid in the United States. Grey markets merchandise shall be\nlimited to products purchased by a consumer for use primarily for\npersonal, family or household purposes.\n 2. Every retail dealer who knowingly offers for sale grey markets\nmerchandise shall conspicuously post, in the following manner, the\ninformation required by subdivision three of this section:\n a. On a sign attached to the item itself; or\n b. On a sign affixed to each cash register or point of sale at which\nsuch goods are offered for sale; or\n c. On a sign so situated as to be clearly visible to the buyer from\nthe register.\n 3. Every retail dealer who offers for sale grey markets merchandise\nshall disclose, as applicable, that either some of the products or a\nspecific product are not:\n a. accompanied by the manufacturer's warranty valid in the United\nStates; or\n b. accompanied by instructions in English; or\n c. eligible for a rebate offered by the manufacturer.\n 4. Every retail dealer or dealer engaged in a mail-order business who\noffers for sale grey markets merchandise shall include the disclosure\nrequired by subdivision three of this section in any written\nadvertisement relating to such product. Such disclosure shall be made in\ntype of a conspicuous size.\n 5. Any retail dealer who violates any provision of this section shall\nbe liable, for a period of up to twenty days from the date of purchase,\nto the buyer for a refund or credit on credit-card purchases provided\nthe product purchased has not been used or damaged by the buyer.\n 6. Whenever there shall be a violation of this section an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolations; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\nsection has occurred, the court may impose a civil penalty of not more\nthan five hundred dollars for each violation. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n 7. Provided, however, that it shall be an affirmative defense that the\nconsumer is provided with a written warranty which offers equal or\ngreater protection than the manufacturer's warranty through a warrantor\ndemonstrated to be a financially responsible retailer, distributor,\nimporter or other third person capable of fulfilling warranty\nobligations.\n