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This entry was published on 2014-09-22
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SECTION 392-A
Sale of new computers
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.