New York § 395 - 395Required disclosure of prior use

§ 395. 395Required disclosure of prior use

§ 395. Required disclosure of prior use. 1. Whenever any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof shall offer used, rebuilt, reconditioned or repossessed television or radio receiving sets, phonographs, or major household appliances, for sale to the public, the seller shall affix to such merchandise offered for sale a tag or sticker which shall state as appropriate that such merchandise has been used, rebuilt, reconditioned, repossessed, or rebranded and used. If such merchandise is offered for sale to the public by any means of advertisement, announcement, card, sign, label, tag or other means of communication, the said advertisement, announcement, card, sign, laber, tag or other means of communication must also contain in the description of such merchandise the appropriate word or words of the following: used, rebuilt, reconditioned, repossessed, or rebranded and used. Nothing in this section shall be construed to apply to merchandise sold as antique goods and so advertised or described, jewelry, imported oriental rugs, floor samples, nor to any merchandise returned by a retail customer the cash sales price for which is canceled or refunded or fully credited. 2. A violation of this section with the intent to deceive a prospective or potential purchaser of such merchandise shall constitute a misdemeanor. 3. Proof that any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof who has offered such merchandise for sale to the public has failed to comply with subdivision one of this section shall be presumptive evidence of the intent to deceive mentioned in subdivision two of this section. 4. Upon a showing by the attorney general in an application for an injunction that any person, firm, corporation or association engaged in the business of retailing merchandise to the public, or agent, employee or sales representative thereof who has offered such merchandise for sale to the public has failed to comply with subdivision one of this section, the supreme court after a hearing may issue a permanent injunction enjoining and restraining such action or violation, without requiring proof that any person has, in fact, been misled or deceived or otherwise damaged thereby.