Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a one through ten repair score that will be displayed to consumers at point of sale.
STATE OF NEW YORK
________________________________________________________________________
8332
IN SENATE
January 18, 2024
___________
Introduced by Sen. COMRIE -- 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 promoting
consumer choice by requiring manufacturers of digital electronic
equipment to provide retail sellers with a one through ten repair
score that will be displayed to consumers at point of sale
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "The Electron-
2 ics Repair Scores Act".
3 § 2. Subdivision 1 of section 399-nn of the general business law is
4 amended by adding two new paragraphs (s) and (t) to read as follows:
5 (s) "Repair score" or "score" means a one through ten score calculated
6 by the manufacturer based on the repair scoring criteria developed by
7 the attorney general.
8 (t) "Detailed score" means the information regarding the calculation
9 and meaning of the repair score as defined by the scoring criteria
10 developed by the attorney general.
11 § 3. Subdivision 2 of section 399-nn of the general business law, as
12 amended by chapter 48 of the laws of 2023, is amended to read as
13 follows:
14 2. Requirements. (a) An original equipment manufacturer shall make
15 available to any independent repair provider and owner of digital elec-
16 tronic equipment manufactured by or on behalf of or sold by such
17 original equipment manufacturer, on fair and reasonable terms, any
18 documentation, parts, and tools required for the diagnosis, maintenance,
19 or repair of such digital electronic equipment and parts that are manu-
20 factured for the first time, and first sold or used in New York on or
21 after July first, two thousand twenty-three. Such documentation, parts,
22 and tools shall be made available either directly by an original equip-
23 ment manufacturer or via an authorized repair provider. An original
24 equipment manufacturer who, in the regular course of business, offers to
25 an owner the services of diagnosis, maintenance or repair of its own
26 digital electronic equipment, and who does not have an arrangement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13840-01-3
S. 8332 2
1 described in paragraph (a) of subdivision one of this section with an
2 unaffiliated individual or business, shall be considered an authorized
3 repair provider with respect to such equipment.
4 (b) (i) For digital electronic equipment that is sold or used in this
5 state, an original equipment manufacturer shall make available to any
6 retail sellers and the attorney general the repair score and detailed
7 score for such digital electronic equipment, inclusive of any updates to
8 information.
9 (ii) When displayed by retailers and manufacturers near pricing infor-
10 mation, the score shall include the logo representation of the score as
11 developed by the attorney general.
12 (iii) A retail seller that receives notification from the original
13 equipment manufacturer or the attorney general regarding the product's
14 repair score shall ensure that, within ninety days of receipt of the
15 notification:
16 (A) prominently display repair scores on the product or near the pric-
17 ing information for the product for such digital electronic equipment
18 within all retail locations located within the state and internet retail
19 websites.
20 (B) make the detailed score available to a potential purchaser of the
21 product on the retail seller's website near pricing information.
22 (iv) Original equipment manufacturers shall clearly display repair
23 scores for such products on their website product listing pages, as well
24 as make publicly available detailed scores to all potential purchasers
25 on each product listing page.
26 (v) Scoring criteria will be determined by the attorney general, which
27 shall periodically update such criteria, and a logo representation of
28 scores. Scoring criteria shall include, but is not limited to: the free
29 and public availability of technical documents regarding the product;
30 ease of disassembly of the product; availability of spare parts for the
31 product; the price of spare parts for the product; length of software
32 support by the manufacturer of the product; and other criteria specific
33 to the category of the product as determined by the attorney general.
34 § 4. This act shall take effect one year after it shall have become a
35 law; provided, however, that if chapter 810 of the laws of 2022 shall
36 not have taken effect on or before such date then sections two and three
37 of this act shall take effect on the same date and in the same manner as
38 such chapter of the laws of 2022, takes effect.
