§ 20-409.3 Reporting.

   Twenty-four months after the local law that added this section becomes effective, the commissioner shall submit a report to the speaker of the council regarding the effectiveness of these provisions on effectuating proper service and improving oversight over the process service industry. Such report shall include, among other things, the results of audits the commissioner has completed of process servers and process serving agencies, including information regarding their compliance with the provisions of this subchapter.

§ 20-410 Electronic record of service.*

* Editor's note: there are two sections designated as § 20-410.

   A process server licensed pursuant to this subchapter shall carry at all times during the commission of his or her licensed activities and operate at the time process is served or attempted an electronic device that uses a global positioning system, wi-fi device or other such technology as the Commissioner by rule shall prescribe to electronically establish and record the time, date, and location of service or attempted service. All records created by such electronic device shall be maintained in an electronic database by the process server, or if such process server is acting exclusively as an employee of a process service agency, by the process service agency, for seven (7) years from the date such record is created.

Subchapter 24: Electronic or Home Appliance Service Dealers

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.

§ 20-410 Legislative declaration.*

* Editor's note: there are two sections designated as § 20-410.

   It is hereby declared that the business of servicing electronic or home appliances has become the subject of great abuse. The public has been and is unprotected from unethical and financially unstable service dealers. The necessity for legislative intervention to protect the public and legitimate service dealers is hereby declared as a matter of legislative determination.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.

§ 20-411 Definitions.

   Whenever used in this subchapter, the following terms shall mean:

   1.   "Person" means an individual, firm, partnership, trust, association or corporation.

   2.   "Complainant" means the customer of a service dealer who has complained concerning an alleged violation of this subchapter, any rule promulgated pursuant thereto, or any practice engaged in by a service dealer or any of his or her employees.

   3.   "Service dealer" means a person who within the city of New York:

      a.   advertises that he or she performs repair service on electronic or home appliances, or makes public statements reasonably calculated to lead an ordinary consumer to believe that he or she performs such repair service;

      b.   solicits or bills a customer for repair service on electronic or home appliances;

      c.   sells service contracts or maintenance agreements for the performance of repair service on electronic or home appliances and accepts requests for such repair service under such service contracts or maintenance agreements;

      d.   accepts requests for repair service or receives electronic or home appliances for the performance of repair service; or

      e.   provides, as part of a sales transaction, repair service, including repair service performed by the seller, subcontractor, or other service repairer; provided, however, that the term "service dealer" shall apply to a manufacturer of electronic or home appliances only when such manufacturer acting as a retailer engages in any of the activities described in this subdivision.

   4.   "Repair service" or "repair servicing" means the installation, maintenance, repair, replacement, testing, inspection or modification for compensation, other consideration or under a warranty, of electronic or home appliances.

   5.   "Electronic or home appliance" means any electronic device, or any appliance, that is commonly used in a household, including, but not limited to, televisions, radios, stereo systems, compact disc players, home computer systems, telephones, telephone answering machines, satellite dishes, cameras, calculators, video recorders or players, camcorders or other portable video recording devices, cassette recorders or players, facsimile machines, portable photocopiers, air conditioners, clothes washing machines, clothes dryers, dishwashers, food freezes, refrigerators, stoves, ranges, ovens, microwave ovens or sewing machines.

   6.   "Service repairer" means a person who performs repair service on electronic or home appliances.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.