§ 349-B — Residential telephone equipment advertising, sale and warranty requirements

§ 349-b. Residential telephone equipment advertising, sale and\nwarranty requirements. 1. For the purpose of this section:\n (a) "Residential telephone equipment" shall mean customer premises\nequipment such as telephone handsets, designed for use on the\nresidential premises of a person, other than a carrier, to originate,\nroute or terminate telecommunications, and does not include equipment\nused to multiplex, maintain or terminate access lines;\n (b) "New residential telephone equipment" shall mean residential\ntelephone equipment that is neither rebuilt nor used;\n (c) "Rebuilt residential telephone equipment" shall mean residential\ntelephone equipment which has been modified, rebuilt, improved or\nreconditioned, either with new components or with components which were\npreviously used in other equipment;\n (d) "Used residential telephone equipment" shall mean residential\ntelephone equipment previously used by another person and in proper\nworking order but not modified, rebuilt, improved or reconditioned;\n (e) "Consumer" or "purchaser" shall mean a retail customer who\npurchases such equipment for personal use in a place of residence; and\n (f) "Seller" shall mean any retailer, distributor or manufacturer who\nsells or offers for sale new residential telephone equipment, rebuilt\nresidential telephone equipment or used residential telephone equipment\ndirectly to a consumer or purchaser or places in the chain of\ndistribution such equipment to be ultimately sold to a consumer or\npurchaser.\n 2. Any manufacturer of new residential telephone equipment, rebuilt\nresidential telephone equipment or used residential telephone equipment\nshall specify on or in the package in which such equipment is sold, and\nany seller shall specify in all advertisements and catalogues excepting\ntelevision, radio and cable television advertising whether such\nequipment employs pulse, tone, pulse-or-tone or another signalling\nmethod and a statement as to whether such equipment is capable of\naccessing tone-actuated computer systems.\n 3. Notwithstanding any other provisions of this chapter, the\nprovisions of subdivision two of this section shall not apply to any of\nthe following:\n (a) Advertising, point-of-sale advertising, catalogues for and sales\nof such equipment not intended for direct connection to a telephone\ncorporation's lines or a central switching office;\n (b) Advertising for such equipment located on a customer's premises\noffered for sale in place; and\n (c) Catalogues and equipment packages for such equipment which are in\nprint or physical production on or before the effective date of this\nsection.\n 4. Any manufacturer of such equipment shall specify on the package and\nany retailer shall specify in conspicuous notice at the point-of-sale,\nexcepting sale in place:\n (a) whether such equipment is rebuilt or used;\n (b) whether such equipment requires a source of power or connection\nother than ordinary connections to the inside premises' telephone wiring\nof the customer.\n 5. Any manufacturer of such equipment, except equipment sold in place,\nshall specify on the package the period of warranty of such equipment.\nInformation regarding obtaining a copy of the warranty showing the name\nand address of the manufacturer or other person to whom service\nquestions or warranty claims should be addressed during the warranty\nduration shall be specified on or in the package.\n 6. Any seller of such equipment, except equipment sold in place, shall\nprovide written warranties of not less than one year for new residential\ntelephone equipment, not less than ninety days for rebuilt residential\ntelephone equipment and not less than sixty days for used residential\ntelephone equipment. All warranties shall guarantee that the equipment\nso warranted is fit for the use for which it is intended during the time\nperiod specified in this subdivision. The primary obligation to provide\nthe written warranty required by this section shall be the obligation of\nthe manufacturer or distributor of the residential telephone equipment.\nA retailer shall be deemed to have complied with this section if the\nresidential telephone equipment it sells is warranted in compliance with\nthe requirements of this section by the manufacturer or distributor. If\nthe equipment does not conform to the written warranty and the consumer\nor purchaser reports, during the effective period of the warranty, such\nnonconformity, defect or condition to the manufacturer, the distributor,\nor the retailer from whom the consumer or purchaser purchased the\nequipment, such equipment shall be replaced or repaired, free of charge\nby any such seller to whom the consumer or purchaser reports the\nnonconformity, defect or condition.\n 7. It shall be an affirmative defense to any claim under this section\nthat the nonconformity, defect or condition is the result of abuse,\ndamage while in transit to a service location, neglect or unauthorized\nmodifications or alterations to such telephone equipment.\n 8. Nothing in this section shall in any way limit the rights or\nremedies which are otherwise available to a consumer or purchaser under\nany other law.\n 9. Nothing in this section shall in any way limit the rights or\nremedies which are otherwise available to a seller against any other\nseller. Any seller who repairs or replaces residential telephone\nequipment at the request of a consumer or purchaser shall have a right\nof subrogation to assert any claim the consumer or purchaser would have\nhad against any prior seller in the chain of distribution.\n 10. Any person who has been injured by reason of any violation of this\nsection may bring an action to enjoin such unlawful act or practice and\nto recover actual damages or fifty dollars, whichever is greater. The\ncourt may, in its discretion, increase the award of damages to an amount\nnot to exceed three times the actual damages up to one thousand dollars\nif the court finds the defendant willfully or knowingly violated this\nsection.\n 11. Any agreement entered into by a consumer for the purchase of new\nresidential telephone equipment, rebuilt residential telephone equipment\nor used residential telephone equipment which waives, limits or\ndisclaims the rights set forth in this section shall be void as contrary\nto the public policy.\n 12. Any action brought pursuant to this section shall be commenced\nwithin three years of the date of original delivery of such equipment to\nthe consumer or purchaser.\n 13. A court may award reasonable attorney's fees to a prevailing\nplaintiff.\n