(a) It shall be a deceptive trade practice for a seller to represent a good or service as “certified” or “certified pre-owned” unless (1) such certification is based upon specific criteria established by an entity other than the seller; (2) the entity that established such criteria is clearly and conspicuously disclosed; (3) the seller is authorized by said entity to offer for sale such “certified” or “certified pre-owned” goods or services; (4) the certification criteria, as well as confirmation the good or service has met such criteria, are provided to the buyer prior to sale; and (5) the good or service satisfies the certification criteria.
(b) It shall be a deceptive trade practice for a seller to represent a good as manufacturer certified, unless, in addition to the requirements of subdivision (a) of this section, such certification is based upon specific criteria established by the manufacturer, and the seller is authorized by the manufacturer to offer for sale such manufacturer certified.
(c) It shall be a deceptive trade practice for a second-hand automobile dealer to make any representation that has the tendency or effect of misleading a consumer to believe that certification of a second-hand automobile pursuant to section 417 of the New York Vehicle and Traffic Law confers any sponsorship, approval, certification, accessories, characteristics, approval, or status other than meeting the minimum standards required by sections 417 and 419-a of the New York Vehicle and Traffic Law.
(Added City Record 3/19/2024, eff. 4/18/2024)