Assistive Device State Lemon Laws
Alaska
Alaska Statutes 45 . 45 . 600
Summary of the Law:
Who & What is covered:
Alaska’s statute covers any consumer who acquires by purchase,
lease, transfer, or right to enforce a warranty a new assistive
device or an assistive device that is still under the warranty.
Consumer Remedies:
Under the statute, if an assistive device is in for repair 4 or
more times for the same defect or out of service for 30 days or
more within the warranty period the consumer has the option, after
providing written notice of such defects to the manufacturer, of
getting a replacement device or a refund of the price paid. Additionally,
a consumer may be entitled to recover the cost of a "loaner"
assistive device.
Resale of "lemon" assistive devices:
Any assistive device which is repurchased by the manufacturer
because it is a "lemon" under this statute cannot be
resold in Alaska without full disclosure to the consumer.
Details of the Law:
Devices Covered: anything that is used or designed to be used
to increase, maintain, or improve a functional capability of an
individual with disabilities, including hearing aids
Persons Covered: purchaser, lessee, transferee, anyone entitled
to enforce warranty
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: offer to return device; if a lease,
consumer must return device
Repair Requirements: 4 attempts to fix same defect or total of
30 days out of service
Affirmative Defenses: abuse, neglect, unauthorized modification
or alteration
Replace or refund: replace or refund minus usage setoff
Other reimbursement: collateral costs are recoverable during any
repair, including medical bills, substitute unit rental cost, postage
and telephone charges; double actual damages plus attorney fees
Other remedies: equitable relief
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Anchorage
Arc
Assistive
Technology Products and Services
Center
for Blind Adults
Deaf
and Hard of Hearing Online, Alaska
Disability
Law Center of Alaska
Parents
of Children with Disabilities
Special Education
Service Agency
"Stone
Soup Group" Help for Families
