§ 349-b. Residential telephone equipment advertising, sale and
warranty requirements. 1. For the purpose of this section:

(a) "Residential telephone equipment" shall mean customer premises
equipment such as telephone handsets, designed for use on the
residential premises of a person, other than a carrier, to originate,
route or terminate telecommunications, and does not include equipment
used to multiplex, maintain or terminate access lines;

(b) "New residential telephone equipment" shall mean residential
telephone equipment that is neither rebuilt nor used;

(c) "Rebuilt residential telephone equipment" shall mean residential
telephone equipment which has been modified, rebuilt, improved or
reconditioned, either with new components or with components which were
previously used in other equipment;

(d) "Used residential telephone equipment" shall mean residential
telephone equipment previously used by another person and in proper
working order but not modified, rebuilt, improved or reconditioned;

(e) "Consumer" or "purchaser" shall mean a retail customer who
purchases such equipment for personal use in a place of residence; and

(f) "Seller" shall mean any retailer, distributor or manufacturer who
sells or offers for sale new residential telephone equipment, rebuilt
residential telephone equipment or used residential telephone equipment
directly to a consumer or purchaser or places in the chain of
distribution such equipment to be ultimately sold to a consumer or
purchaser.

2. Any manufacturer of new residential telephone equipment, rebuilt
residential telephone equipment or used residential telephone equipment
shall specify on or in the package in which such equipment is sold, and
any seller shall specify in all advertisements and catalogues excepting
television, radio and cable television advertising whether such
equipment employs pulse, tone, pulse-or-tone or another signalling
method and a statement as to whether such equipment is capable of
accessing tone-actuated computer systems.

3. Notwithstanding any other provisions of this chapter, the
provisions of subdivision two of this section shall not apply to any of
the following:

(a) Advertising, point-of-sale advertising, catalogues for and sales
of such equipment not intended for direct connection to a telephone
corporation's lines or a central switching office;

(b) Advertising for such equipment located on a customer's premises
offered for sale in place; and

(c) Catalogues and equipment packages for such equipment which are in
print or physical production on or before the effective date of this
section.

4. Any manufacturer of such equipment shall specify on the package and
any retailer shall specify in conspicuous notice at the point-of-sale,
excepting sale in place:

(a) whether such equipment is rebuilt or used;

(b) whether such equipment requires a source of power or connection
other than ordinary connections to the inside premises' telephone wiring
of the customer.

5. Any manufacturer of such equipment, except equipment sold in place,
shall specify on the package the period of warranty of such equipment.
Information regarding obtaining a copy of the warranty showing the name
and address of the manufacturer or other person to whom service
questions or warranty claims should be addressed during the warranty
duration shall be specified on or in the package.

6. Any seller of such equipment, except equipment sold in place, shall
provide written warranties of not less than one year for new residential
telephone equipment, not less than ninety days for rebuilt residential
telephone equipment and not less than sixty days for used residential
telephone equipment. All warranties shall guarantee that the equipment
so warranted is fit for the use for which it is intended during the time
period specified in this subdivision. The primary obligation to provide
the written warranty required by this section shall be the obligation of
the manufacturer or distributor of the residential telephone equipment.
A retailer shall be deemed to have complied with this section if the
residential telephone equipment it sells is warranted in compliance with
the requirements of this section by the manufacturer or distributor. If
the equipment does not conform to the written warranty and the consumer
or purchaser reports, during the effective period of the warranty, such
nonconformity, defect or condition to the manufacturer, the distributor,
or the retailer from whom the consumer or purchaser purchased the
equipment, such equipment shall be replaced or repaired, free of charge
by any such seller to whom the consumer or purchaser reports the
nonconformity, defect or condition.

7. It shall be an affirmative defense to any claim under this section
that the nonconformity, defect or condition is the result of abuse,
damage while in transit to a service location, neglect or unauthorized
modifications or alterations to such telephone equipment.

8. Nothing in this section shall in any way limit the rights or
remedies which are otherwise available to a consumer or purchaser under
any other law.

9. Nothing in this section shall in any way limit the rights or
remedies which are otherwise available to a seller against any other
seller. Any seller who repairs or replaces residential telephone
equipment at the request of a consumer or purchaser shall have a right
of subrogation to assert any claim the consumer or purchaser would have
had against any prior seller in the chain of distribution.

10. Any person who has been injured by reason of any violation of this
section may bring an action to enjoin such unlawful act or practice and
to recover actual damages or fifty dollars, whichever is greater. The
court may, in its discretion, increase the award of damages to an amount
not to exceed three times the actual damages up to one thousand dollars
if the court finds the defendant willfully or knowingly violated this
section.

11. Any agreement entered into by a consumer for the purchase of new
residential telephone equipment, rebuilt residential telephone equipment
or used residential telephone equipment which waives, limits or
disclaims the rights set forth in this section shall be void as contrary
to the public policy.

12. Any action brought pursuant to this section shall be commenced
within three years of the date of original delivery of such equipment to
the consumer or purchaser.

13. A court may award reasonable attorney's fees to a prevailing
plaintiff.