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NY A03530
Bill
Status
1/25/2011
Primary Sponsor
Peter Rivera
Click for details
AI Summary
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Creates new warranty protection requirements for consumer products costing over $250, prohibiting manufacturers and sellers from excluding or limiting implied warranties of merchantability and fitness for a particular purpose.
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Requires sellers, manufacturers, or authorized dealers to make necessary repairs to conform products to express warranties even after the warranty term expires, if the consumer reports nonconformity during the warranty period.
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Establishes that a reasonable number of repair attempts is presumed after four or more repairs of the same defect within the warranty term or when the product is out of service for a cumulative total of 30 or more days, after which the consumer may demand replacement or full refund.
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Allows consumers and subsequent transferees to sue manufacturers, distributors, sellers, or lessors for breach of warranty without requiring privity, and permits prevailing consumers to recover reasonable attorneys' fees as determined by the court.
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Authorizes the Attorney General to seek injunctions for violations and requires sellers to provide written notice to original purchasers explaining the warranty rights and remedies under this law.
Legislative Description
Provides procedure for satisfying warranties on consumer products including repairs, refunds and dispute settlement procedures; provides for suit for breach of warranty with recovery of attorneys' fees by successful consumer and enforcement by attorney general by injunction; excludes certain motor vehicles which are subject to other provisions of law.
Last Action
enacting clause stricken
9/4/2012