§ 392-A — Sale of new computers

§ 392-a. Sale of new computers. 1. As used in this section, the\nfollowing terms have the following meanings:\n (a) "Computer" means an electronic machine that performs high speed\nmathematical or logical calculations or that assembles, stores,\ncorrelates, or otherwise processes and outputs information derived from\ncoded data in accordance with a predetermined program;\n (b) "Computer accessory" means keyboards, monitors, printers, mouses,\nor other hardware attachments to a computer; and\n (c) "Consumer" means any purchaser of a computer or computer accessory\nprimarily for personal or home business use.\n 2. No person, firm, partnership, association, limited liability\ncompany, corporation, or other entity shall use remanufactured, rebuilt,\nor recycled parts in the manufacture for sale or distribution in this\nstate of a new computer or any new computer accessory to a consumer at\nretail, unless (1) such computer or computer accessory contains a clear\nand conspicuous label in accordance with subdivision three of this\nsection; or (2) the manufacturer otherwise provides to the consumer,\nprior to purchase, clear and conspicuous notice that the product\ncontains rebuilt, remanufactured or recycled components.\n 3. The label required pursuant to subdivision two of this section\nshall: (a) indicate that such computer or computer accessory may\ncontain remanufactured, rebuilt, or recycled parts; and\n (b) be displayed by sticker or tag affixed to the computer or computer\naccessory or its protective packaging or wrapping, or if such computer\nor computer accessory is in a box, such label shall be printed or\ndisplayed by sticker or tag affixed to the outside of such box.\n 4. 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\nviolation; 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 the court or justice, enjoining and\nrestraining any further violations, 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. If the court in such a special proceeding determines that a\nviolation of this section has occurred, the court may impose a civil\npenalty of not more than five hundred dollars for each violation. In\nconnection with any such proposed application, the attorney general is\nauthorized to take proof and make a determination of the relevant facts\nand to issue subpoenas in accordance with the civil practice law and\nrules.\n