The Lemon Law for Malfunctioning Assistive Devices
IT'S ABOUT PROTECTION
This law protects persons with disabilities who use equipment ot communicate, see, hear, or maneuver.
WHAT IS THE DEFECTIVE ASSISTIVE DEVICE ACT?
It's a new law that requires manufacturers of assistive devices for person with disabilities to provide a one year warranty for their products. The idea of this law is consumer protection...much the same as those lemon laws that were passed in the 70's and 80's to protect consumers if they purchased a "lemon" car. The difference is that "assistive devices" are for people with disabilities having items or equipment that doesn't function, such as: wheelchairs and scooters, hearing aids, Telecommunication Devices for the Deaf (TDDs), voice-synthesized computer modules, optical scanners, talking software, Braille printers ... and the list goes on.
What you need to remember ... Under the Lemon Law people with disabilities, who purchase or lease equipment that does not work, can get the item repaired or in some cases replaced.
HOW DOES THE LEMON LAW WORK?
For your equipment to qualify as a "lemon" reasonable attempt to make repairs must be accomplished within the first year. One of the following must happen:
1. Any device malfunction that has been repaired by the manufacturer, vendor, or an authorized dealer has occurred at least four times ... and the device must continue to malfunction.
2. The device is out of service for a total of 30 days.
WHAT RIGHTS DOES THIS LAW PROVIDE FOR ME?
Purchasing
If "reasonable attempt to repair" fails and the consumer has purchased the device, the manufacturer shall do one of the following:
1. Accept return of device and replace with a comparable new device, refunding any costs.
2. Accept return of device, refunding the consumer the full purchase price (plus any finance charge amount paid at the point of sale) to include any costs, less a reasonable allowance for user fee. (Usage fees are established by formula described in the Lemon Law.)
Leasing
If "reasonable attempt to repair" fails and the consumer has leased the device, he/she can return the device and pay the dealer the current value of the lease to date. In turn, the dealer must refund to the consumer the amount which has been paid to date, less a reasonable allowance for user fee. (Usage fees are established by formula described in the Lemon Law.)
WHAT CAN I DO TO REMEDY A DISPUTE?
First, every attempt should be made to work with both the dealer and the manufacturer, and provide them with information about the Defective Device Act. They may not be aware of the Lemon Law. Knowledge of the Lemon Law may encourage resolution of the problem. Should this remedy fail, the Lemon Law entitles consumers to one of the following:
Alternate arbitration according to the Dispute Resolution Act
Rights available under any other law
To seek damages through the court system.
Consumers rights cannot be waived by manufacturers under the protection of this law.
FOR MORE INFORMATION CONTACT ABLE Tech info-LINE 1-888-885-5588V/TDD
Visit our Website http://okabletech.okstate.edu
Information Provided by: Oklahoma ABLE Tech, OSU Wellness Center, 1514 W. Hall of Fame; Stillwater, OK 74078; 405-744-9748; 405-744-2487 Fax; 800-257-1705 V/TDD
To review the legal language click here: Oklahoma Lemon Law Statute
ABLE Tech is funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education, Grant H224A50007. This publication does not necessarily reflect the position of the policy of NIDRR/ED, and no official endorsement of the material should be inferred.
