Assistive Technology Lemon Law
Virginia has a "Lemon Law" for assistive technology devices (sometimes referred to as durable medical equipment) similar to the lemon law that applies to a motor vehicle which has a serious nonconformity (meaning it doesn't work right) that negatively affects use, safety, or value. It is known as the Virginia Assistive Technology Device Warranties Act, and it has been incorporated in the Code of Virginia since March 1998.
Assistive technology devices are instruments or pieces of equipment used by persons with a disability (as defined by the Americans With Disabilities Act) to see, hear, communicate, or maneuver. Examples are wheelchairs, hearing aids, talking software, Braille printers, TDD/TTY devices, etc.
The lemon law is in addition to any manufacturer's warranty, which generally provides for repairs at no charge during the warranty period. The key provision of the lemon law is that if within the 12 months following delivery of the device it requires repair 3 times for the same or related problem, or is not usable for a cumulative total of 30 days without a loaner, the device must be replaced or the full purchase price must be refunded, plus any reasonable expenses associated with obtaining the repairs or obtaining an alternative assistive device.
Thus the assistive technology
lemon law gives the consumer considerable
protection against a chronic defect, and provides the force of law in
requiring the dealer or manufacturer to act responsibly. Consumers
should be aware that the lemon law gives them the option of submitting
disputes covered by the Act to the Dispute Resolution Unit of the Office
of Consumer Affairs, Virginia Department of Agriculture and Consumer
Services (Hot Line: 1-800-552-9963; FAX: 804 -225-2666). Their mission
is to provide protection to consumers against fraudulent, deceptive, or
illegal practices in the marketplace. The bottom line is that the
consumer does not have to live with the frustration and aggravation of a
piece of defective equipment.
References: Chapter 40, Code of Virginia
Virginia Assistive Technology Device Warranties Act
Office of Consumer Affairs, Virginia Department of Agriculture and
Consumer Services
For more information see the following websites:
www.vats.org/lemon.html