S1349-2011 Actions

• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Jan 6, 2011: REFERRED TO CONSUMER PROTECTION

S1349-2011 Memo

BILL NUMBER:S1349

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.1081 of 2009/10 - Referred to Consumer Protection
S.7004 of 2008/08 - Referred to Consumer Protection

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

S1349-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1349
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sens. DILAN, DIAZ, PARKER, STEWART-COUSINS -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Consumer Protection
 

AN ACT to amend the general business law,  in  relation  to  coterminous
 consumer electronics warranties
 

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
 399-ff to read as follows:

 

S 399-FF. COTERMINOUS WARRANTIES FOR CONSUMER ELECTRONICS. 1.  FOR THE
 PURPOSES OF THIS SECTION, "ELECTRONIC"  MEANS  A  "COMMERCIAL  UNIT"  AS
 DEFINED  IN  SECTION  2-A-103  OF THE UNIFORM COMMERCIAL CODE CONTAINING
 TECHNOLOGY HAVING  ELECTRICAL,  DIGITAL,  MAGNETIC,  WIRELESS,  OPTICAL,
 ELECTROMAGNETIC OR SIMILAR CAPABILITIES.
 2. THE WARRANTY DURATION FOR ALL NON-CONSUMABLE COMPONENTS OF AN ELEC
 TRONIC  SHALL  BE  COTERMINOUS.  NO  EXPRESS WARRANTY SHALL DISCLAIM THE
 WARRANTY OF ANY PARTICULAR PART OF AN ELECTRONIC.
 3. IF AN EXPRESS WARRANTY INDICATES DIFFERING DURATIONS FOR  DIFFERENT
 COMPONENTS, THE LONGEST DURATION SHALL BE IN EFFECT FOR ALL COMPONENTS.
 4. A WARRANTY HOLDER SHALL NOT BE REQUIRED TO PAY ANY FEES OR CHARGES,
 FOR  OTHERWISE  COVERED  REPAIRS,  NOR  SHALL  AN  EXTENDED WARRANTY, OR
 SERVICE CONTRACT FOR ELECTRONICS BECOME VOID DUE TO:

 (A) SCRATCHES, DENTS, CHIPS, OR ANY OTHER SLIGHT COSMETIC DEFECTS THAT
 OCCUR TO ELECTRONICS WITH REGULAR USE; OR
 (B) THE COST OF REPAIRS EXCEEDING THE ORIGINAL PURCHASE PRICE  OF  THE
 PRODUCT.
 5.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR ABRIDGE ANY
 STATUTORY OR OTHER RIGHT OR REMEDY OF A CONSUMER AT LAW OR IN EQUITY.
 

S 2. This act shall take effect on the first  day  of  the  thirteenth
 month  after it shall have become a law, and shall apply only to warran
 ties, extended warranties, or service contracts for electronics  entered
 into on or after such effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02670-01-1

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