Frequently Asked Questions
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us for more information.
Be sure to include your name and state.
What
kind of devices are covered by most Assistive Device Lemon Laws?
Practically
any kind of device that helps you cope with living. That generally
includes things like wheelchairs, walkers, computer or telephone
devices, and sometimes even hearing devices.
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Are there
other laws, besides the Assistive Device Lemon Laws, that can
help me?
Sure. Every state is covered by a Federal Lemon
Law on most consumer products and every state has a Consumer
Protection Law that makes it illegal for almost any retailer
or manufacturer to do anything that is unfair or deceptive in
dealing with a consumer, but some state laws are stronger than
others.
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What is a "lemon"
assistive device?
It's usually a device that has a problem
that "substantially
impairs the use, value or safety of the device" to you and
which the dealer has not fixed within a reasonable number of chances
or a reasonable amount of time, and that is covered by warranty.
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Do Assistive Device Lemon Laws cover used
devices?
It might. As long as the device was still covered
by the original manufacturer's warranty when you got it, the
A D Lemon Law may still apply to help you get rid of it. Check
your state's law, to be sure.
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Do most Assistive
Device Lemon Laws cover a leased device?
Yes. In most states
it doesn't matter whether you leased it or bought it - the only
question is whether it's a lemon.
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The manufacturer
wants to give me an extended warranty instead of replacing my
device. What happens if I accept it?
You probably will
lose all your Lemon Law rights, so be very sure that you can
live with the result. Extending the warranty is a very cheap
way out for the manufacturer. All you really are getting is the
promise that they'll keep trying when more things go wrong in
the future.
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I have a lemon
device and they agreed to replace it but they want me to pay
for my use of the old device. Do I have to do that?
You
might. In many states you could be required to pay part of the
replacement cost, but in some states they have to give you the
replacement for free. Click
here to check your state law to be sure.
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Can I cancel
a contract for an assistive device within three days?
Generally
not, unless it is part of the agreement. However, if the dealer
violates the law in the process of selling you the device, then
you probably can cancel the deal as long as the device is in
substantially the same condition as it was when you got it and
you tried to cancel the deal within a reasonable time.
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How many chances
do I usually have to give the dealer to fix my device?
In
many states, if the same defect is worked on 3 times and still
exists after that, then it's a lemon. At that point you have a
right to ask for your money back or a new device that works right.
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How long
do I have to let them work on my device?
In many states,
a total of 30 days out of service is the maximum allowed in the
first year before declaring the device to be a lemon. Keep track
of the days out of service, count weekends and holidays, too,
and the days usually do not have to be consecutive (it can be
2 days here plus 6 days there, etc), and when you arrive on "day
31" you can legally call your device a lemon.
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Is there
a limit on the number of repair attempts that I have to put up
with?
Yes. If it is the same defect, then most states say
that only 3 unsuccessful repair attempts are needed to qualify
as a lemon.
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I think my device is dangerous to use.
How many chances do they get to fix that kind of problem?
Most
states say that you only have to give them one chance to fix
a defect that is so serious that it could cause an accident or
someone to get hurt. The second time that defect occurs, you've
got a lemon.
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I have a
lemon device and they want to replace it but I just want my money
back. Do I have to take another device from them?
Usually
not. In most states you get to decide. You do not have to accept
the choice that the manufacturer wants you to take.
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What is
Arbitration?
Arbitration usually does not apply to Assistive
Devices. Where it does apply however, arbitration allows a "neutral"
third party to make a decision about your case. It has advantages
and disadvantages. First, it is usually faster than the court process.
Second, you don't need an attorney's help to go thru it. However,
one of the biggest disadvantages is that the consumer seldom wins
a "buyback" decision in arbitration. Also, the arbitration
systems are usually funded by the manufacturers, so don't expect
it to be completely impartial or fair. Finally, it is not supposed
to be binding on the consumer, but some of them say that they are.
You have to be very careful about getting caught in an arbitration "trap".
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I think
my used device was bought back once by the manufacturer and the
dealer didn't tell me when I bought it. Should I be concerned
about that?
Yes. Many people believe in the saying "once
a Lemon, always a Lemon" and they just won't pay much for
a "buyback"
lemon device. The market value of a lemon just isn't the same as
a device that has always worked right. The dealer was supposed
to tell you if the device was a Lemon Law buyback, before they
sold it to you.
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I was given
a repair estimate and the final bill was much higher. Is there
a limit to how much a repair bill can exceed the estimate?
In
most states, yes, there is a limit. Generally, no repair
work charge may exceed the written estimate by more than a small
amount (often no more than 10%) unless the additional work represented
by the excess charge has been authorized by the customer in advance.
You may have other legal rights, too.
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Why should I pay for an attorney instead
of using one that works for free?
You get what you pay
for. If the manufacturer is paying your attorney, do you really
think the attorney is going to fight his best to protect you
- or fight his best to get paid and give you some crumbs in the
process? You should hire an attorney to protect you and get the
best result they can get for you, rather than worry about how
they are going to be paid in the process.
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If you didn't see your question listed, please contact
us for more information. Be sure to include your name and
state.
