Assembly Bill A10315

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10315
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lemondes) --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection
 
 AN ACT to amend the general business law, in relation to a warranty  for
   new  consumer  goods  with a purchase price of five hundred dollars or
   more per unit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 396-zz to read as follows:
   §  396-ZZ. WARRANTY FOR NEW CONSUMER GOODS. 1. IF A CONSUMER GOOD WITH
 A PURCHASE PRICE OF FIVE HUNDRED DOLLARS OR MORE PURCHASED IN THIS STATE
 DOES NOT CONFORM TO ALL EXPRESS WARRANTIES DURING THE PERIOD  COMMENCING
 TWO  YEARS  FOLLOWING  THE  DATE  OF  SUCH PURCHASE, THE CONSUMER SHALL,
 DURING SUCH PERIOD, REPORT THE NONCONFORMITY, DEFECT OR OTHER  CONDITION
 WHICH  SUBSTANTIALLY  IMPAIRS  THE  VALUE  OF  SUCH CONSUMER GOOD TO THE
 MANUFACTURER, THE MANUFACTURER'S AGENT, OR THE MANUFACTURER'S AUTHORIZED
 DEALER AS PROVIDED IN THIS SUBDIVISION. WHERE ANY SUCH  NOTIFICATION  IS
 RECEIVED  BY  THE  MANUFACTURER'S  AGENT OR AUTHORIZED DEALER OR SELLER,
 SUCH AGENT, DEALER, OR SELLER SHALL, WITHIN SEVEN DAYS OF RECEIPT THERE-
 OF FORWARD SUCH WRITTEN NOTICE TO THE MANUFACTURER  BY  CERTIFIED  MAIL,
 RETURN RECEIPT REQUESTED, AND SHALL INCLUDE WITH SUCH NOTICE A STATEMENT
 INDICATING  WHETHER OR NOT REPAIRS HAVE BEEN UNDERTAKEN. THE MANUFACTUR-
 ER, ITS AGENT OR  ITS  AUTHORIZED  SELLER  SHALL  THEREAFTER  REPAIR  OR
 CORRECT  SUCH  NONCONFORMITY,  DEFECT  OR  CONDITION AT NO CHARGE TO THE
 CONSUMER, NOTWITHSTANDING THE FACT THAT SUCH REPAIRS ARE MADE AFTER  THE
 EXPIRATION OF SUCH PERIOD OF OPERATION OR SUCH TWO-YEAR PERIOD.
   2. IF A MANUFACTURER'S AGENT OR AUTHORIZED DEALER OR SELLER REFUSES TO
 UNDERTAKE  REPAIRS  WITHIN  SEVEN  DAYS  OF  RECEIPT  OF THE NOTICE BY A
 CONSUMER OF A NONCONFORMITY, DEFECT, OR CONDITION PURSUANT  TO  SUBDIVI-
 SION  ONE  OF THIS SECTION, THE CONSUMER MAY IMMEDIATELY FORWARD WRITTEN
 NOTICE OF SUCH REFUSAL TO THE MANUFACTURER  BY  CERTIFIED  MAIL,  RETURN
 RECEIPT  REQUESTED.  THE MANUFACTURER OR ITS AUTHORIZED AGENT SHALL HAVE
 TWENTY DAYS FROM RECEIPT OF SUCH NOTICE  OF  REFUSAL  TO  COMMENCE  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15733-01-2
 A. 10315                            2

 REPAIRS. IF THE MANUFACTURER OR ITS AUTHORIZED DEALER OR SELLER FAILS TO
 COMMENCE  SUCH  REPAIRS WITHIN SUCH TWENTY-DAY PERIOD, THE MANUFACTURER,
 AT THE OPTION OF THE CONSUMER, SHALL REPLACE THE CONSUMER  GOOD  WITH  A
 COMPARABLE CONSUMER GOOD, OR ACCEPT RETURN OF THE CONSUMER GOOD FROM THE
 CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE.
   3. IF, WITHIN THE PERIOD SPECIFIED IN SUBDIVISION TWO OF THIS SECTION,
 THE  MANUFACTURER  OR  ITS  AGENTS  OR AUTHORIZED DEALERS OR SELLERS ARE
 UNABLE TO REPAIR OR CORRECT  ANY  NONCONFORMITY,  DEFECT,  OR  CONDITION
 WHICH  SUBSTANTIALLY  IMPAIRS  THE  VALUE  OF  THE  CONSUMER GOOD TO THE
 CONSUMER AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, AT THE
 OPTION OF THE CONSUMER, SHALL REPLACE THE CONSUMER GOOD WITH A  COMPARA-
 BLE  CONSUMER  GOOD,  OR  ACCEPT  RETURN  OF  THE CONSUMER GOOD FROM THE
 CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE. ANY  RETURN
 OF  A  CONSUMER  GOOD MAY, AT THE OPTION OF THE CONSUMER, BE MADE TO THE
 DEALER OR SELLER OR OTHER AUTHORIZED AGENT OF THE MANUFACTURER WHO  SOLD
 SUCH  CONSUMER  GOOD TO THE CONSUMER OR TO THE DEALER OR SELLER OR OTHER
 AUTHORIZED AGENT WHO ATTEMPTED TO REPAIR OR CORRECT THE DEFECT OR CONDI-
 TION WHICH NECESSITATED THE RETURN AND  SHALL  NOT  BE  SUBJECT  TO  ANY
 FURTHER SHIPPING CHARGES.
   4.  IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY CLAIM UNDER THIS SECTION
 THAT: THE NONCONFORMITY, DEFECT  OR  CONDITION  DOES  NOT  SUBSTANTIALLY
 IMPAIR  SUCH  VALUE;  OR  THE  NONCONFORMITY, DEFECT OR CONDITION IS THE
 RESULT OF ABUSE, NEGLECT OR UNAUTHORIZED MODIFICATIONS OR ALTERATIONS OF
 THE CONSUMER GOOD.
   5. FOR ANY NEW CONSUMER GOOD WITH A PURCHASE  PRICE  OF  FIVE  HUNDRED
 DOLLARS  OR  MORE  PER  UNIT,  THE FOLLOWING NOTICE SHALL BE PROVIDED TO
 CONSUMERS AND SHALL BE PRINTED IN CONSPICUOUS TEN POINT BOLD FACE TYPE:
                      "CONSUMER GOODS BILL OF RIGHTS"
   (A) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, ANY NEW
 CONSUMER GOOD WITH A PURCHASE PRICE OF FIVE HUNDRED DOLLARS OR MORE  PER
 UNIT,  IF PURCHASED IN NEW YORK STATE, IS WARRANTED AGAINST ALL MATERIAL
 DEFECTS FOR TWO YEARS.
   (B) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER,  ITS  AGENT,  OR
 AUTHORIZED DEALER OR SELLER.
   (C) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.
   (D)  IF  THE  SAME  PROBLEM  CANNOT  BE  REPAIRED  AFTER  FOUR OR MORE
 ATTEMPTS; OR IF YOUR CONSUMER GOOD IS INOPERABLE FOR A TOTAL  OF  THIRTY
 DAYS  DURING  THE  WARRANTY  PERIOD; OR IF THE MANUFACTURER OR ITS AGENT
 REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN  TWENTY  DAYS
 OF  RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO EITHER A  COMPARA-
 BLE  CONSUMER  GOOD  OR  A  REFUND OF YOUR PURCHASE PRICE, PLUS TAXES OR
 OTHER FEES.
   (E) A MANUFACTURER MAY DENY LIABILITY IF  THE  PROBLEM  IS  CAUSED  BY
 ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CONSUMER GOOD.
   (F)  A  MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CONSUMER GOOD
 OR REFUND YOUR PURCHASE PRICE IF  THE  PROBLEM  DOES  NOT  SUBSTANTIALLY
 IMPAIR THE VALUE OF YOUR CONSUMER GOOD.
   (G)  IF  A  MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE
 MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CONSUMER GOOD OR REFUND
 YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.
   (H) IF THE MANUFACTURER DOES NOT HAVE AN  ARBITRATION  PROCEDURE,  YOU
 MAY  RESORT  TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S
 FEES IF YOU PREVAIL.
   (I) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
 A. 10315                            3
 
   (J) AS AN ALTERNATIVE TO  THE  ARBITRATION  PROCEDURE  MADE  AVAILABLE
 THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO
 AN  INDEPENDENT  ARBITRATOR,  APPROVED  BY THE ATTORNEY GENERAL. YOU MAY
 HAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR  LOCAL  CONSUMER
 OFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDE-
 PENDENT ARBITRATION.
   § 2. This act shall take effect immediately.