If a cellular telephone retailer wishes to obtain the certification provided by this chapter, it shall provide a proper recovery and collection system for used cellular telephones to be reused, recycled or properly disposed of. Such system shall include, without it being understood as a limitation:
(a) A procedure whereby consumers shall be able to return used cellular telephone equipment to the cellular telephone retailer that sold or leased such equipment.
(b) A procedure whereby consumers shall hand in cellular telephone equipment to any retailer, regardless of the retailer from which the equipment was acquired, whenever the consumer wants to purchase or lease new equipment.
(c) A procedure whereby consumers shall be allowed to return free of charge their used equipment to the cellular telephone retailer for the latter to reuse, recycle or dispose of the same whenever new equipment is delivered or shipped by cellular telephone retailers to consumers.
(d) Procedures whereby consumers shall deliver their used equipment directly to the service provider in those cases in which a cellular telephone service provider sells pre-paid cellular telephones to retail merchants not exclusively engaged in the electronics or telecommunications field.
(e) The identification of the reuse, recycling or proper disposal methods to be used.
(f) Information to consumers on the benefits of recycling and the options provided therefor by cellular telephone retailers, or in its default, by the Authority, as well as to promote and incentivize recycling. The information to be furnished shall at least:
(1) Be conspicuously displayed and accessible to consumers in the place of sales.
(2) Be included whether textually or through a website link as part of the attachments to the sales, lease or service contract at the time of the sale or lease of the equipment.
(3) Make reference to the options available for recycling and proper disposal of used equipments.
(4) Be provided by the seller directly to the consumer at the time of the sale or lease of the equipment. This shall not apply to those retailers not affiliated to a cellular telephone company that sells pre-paid cellular telephones and do not require the execution of a contract as a sales condition.
History —Jan. 17, 2012, No. 18, § 10.03, eff. 120 days after Jan. 17, 2012.