N.Y. Gen. Bus. Law § 392-A

Current through 2024 NY Law Chapter 443

Section 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.

N.Y. Gen. Bus. Law § 392-A