Bill Text: NY A02286 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to home or business visits to repair appliances or equipment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to consumer affairs and protection [A02286 Detail]

Download: New_York-2009-A02286-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2286
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to home  or  busi-
         ness visits to repair appliances or equipment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  395-c to read as follows:
    3    S 395-C. RELIANCE UPON THE ADVICE OF AN APPLIANCE REPAIR BUSINESS.  IN
    4  ANY  CASE  WHERE  A CONSUMER IS CHARGED FOR A WRITTEN ESTIMATE WHEREIN A
    5  PERSON  ENGAGED  IN  THE  BUSINESS  OF  REPAIRING  HOUSEHOLD  APPLIANCES
    6  PROVIDES  A  DETAILED STATEMENT ESTIMATING THE PARTS AND COSTS NECESSARY
    7  TO REPAIR SUCH AN APPLIANCE, AND RELYING UPON SUCH ESTIMATE THE CONSUMER
    8  PURCHASES SUCH PARTS, SUCH CONSUMER SHALL BE  ENTITLED  TO  A  FULL  AND
    9  COMPLETE  REFUND  OF  THE  ESTIMATE CHARGE IN THE EVENT THE PART REMOVED
   10  FROM THE APPLIANCE WAS, IN FACT, IN GOOD WORKING CONDITION.    ANY  SUCH
   11  REPAIR  BUSINESS  SHALL  BE  DEEMED  TO HAVE WARRANTED SUCH ESTIMATE AND
   12  RECOMMENDATIONS, AND SHALL BE LIABLE FOR ANY  ACTUAL  AND  CONSEQUENTIAL
   13  DAMAGES INCURRED BY A CONSUMER WHO RELIED UPON SUCH ESTIMATE.
   14    S  2. This act shall take effect on the first of January next succeed-
   15  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05642-01-9