senate Bill S1081

2009-2010 Legislative Session

Relates to coterminous consumer electronics warranties

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to consumer protection
Jan 26, 2009 referred to consumer protection

S1081 - Bill Details

Current Committee:
Law Section:
General Business Law

S1081 - Bill Texts

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BILL NUMBER: S1081

TITLE OF BILL :

An act to amend the general business law, in relation to coterminous
consumer electronics warranties


PURPOSE :

To strengthen warrantees on Consumer Electronics so that all parts of
a device are covered against failure resulting from typical consumer
usage.

SUMMARY OF PROVISIONS :

This legislation would amend the general business law to add a new
section 399-ff to:

Require that the warrantee on all non-consumer replaceable components
of a piece of consumer electronics be coterminous;

Stipulate that physical damage caused through normal, non-negligent
use shall not be disclaimed by the warrantor. The burden of proof of
consumer negligence shall rest with the warrantor.

JUSTIFICATION :

Certain consumer electronic devices have sensitive parts, like LCD and
plasma displays, which are prone to breakage through normal use.
Warrantors have denied warranty coverage of these parts through
reasoning that a part could not break except if the device was misused
or handled negligently, although no other evidence of misuse is
present.

Some warrantors specifically exclude certain parts in express
warranties, although the consumer might not know this upon purchase,
or understand the technical jargon used in the warranty. This act
would prohibit express warranties from disclaiming coverage of
non-consumable parts.

PRIOR LEGISLATIVE HISTORY :
S.7004 of 2007/08 - Referred to Consumer Protection

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
The first day of the thirteenth month after it shall have become a
law.
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