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History
- Recommit, enacting clause stricken
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Regulates the provision of appliance warranties especially with respect to charges for repair outside the home
In Assembly Committee · Consumer Affairs And Protection · Sponsor Dennis H. Gabryszak
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to appliance warranties
Purpose
To provide consumers with adequate notification that any appliance or electronic equipment which requires repairs covered under a warranty provided by a retailer may be subjected to "transportation costs" even if the warranty states the repairs are to be made free of charge. Problems may arise when a dealer imposes a fee to pick up a defective appliance (or equipment) if it cannot be repaired in the home and/or business. This pick up charge should be clearly noted either when a warranty (extended or otherwise) is provided or purchased, or else in writing on the warranty itself.
Summary of provisions
Adds a new section 395-c to the general business law relating to appliance warranties. Section 1 defines the meaning of "person", "service dealer" and "appliance" for the purpose of this article. Section 2 provides that service dealers disclose in writing whether any change is to be imposed for transportation of an appliance to and/or from the location where the appliance is located to the place NO QUERY ENTERED where the repair is to be made.
Justification
When an individual purchases a large appliance or electronic equipment, the wording of the warranty (offered by a retailer) may indicate "lifetime service" for either a small fee or else no cost at all. An additional warranty may be purchased (extended warranty) to cover the cost of "parts" for an additional fee. Problems arise when a dealer imposes a charge to transport the defective equipment back to the facility if it cannot be repaired in the home and/or business. This pick up charge should be clearly explained either when the warranty is purchased or else in writing on the warranty itself. Furthermore, the possibility of consumer fraud exists if the technician who is sent to the home to do the repair feels he cannot do the repair in the home or business. Obviously, the firm undertaking the repair will benefit financially from the pick up charge if the appliance/equipment is returned to their repair facility. A consumer purchasing special or extended warranties assumes that guarantees will cover all aspects of any repair work, including the pick up and delivery of the equipment. Presently there is no control over the cost of this pickup and delivery service. It is arbitrarily set by the service dealer and no schedule is provided delineating the charges associated with that transportation. If offered the decision of losing the use of the appliance/equipment or else paying what may be an exorbitant amount for pick up and delivery of an appliance requiring repair, most consumers will have no choice but to pay the repair firm to pick up their appliance.
Legislative history
2000: S.2296/A.4057 Referred to Consumer Protection. 2001-02: S.2001/A.3336 No action. 2003-04: S.1168/A.2081 No action. 2005-06: S.2554/A.5336 No action. 2007-08: S.2951 Referred to Consumer Protection.
Fiscal implications
None to New York State.
Effective date
Effective ninety days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.