Assistive Device State Lemon Laws
Arkansas
Arkansas Code Annotated 4 - 105 - 201
Summary of the Law:
Who & What is covered:
Arkansas’s statute covers any consumer who
acquires by purchase, lease, transfer, or right to enforce a warranty,
a wheelchair, motorized scooter, or van lift costing more than
$750.00.
Consumer Remedies:
Under the statute, if an assistive device is out
of service for 30 days or more within the warranty period the consumer
has the option of getting a replacement device or a refund of the
price paid.
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 Arkansas without full disclosure to the consumer.
Details of the Law:
Devices Covered: wheelchair, motorized scooter, van
lift costing $750 or more
Persons Covered: purchaser, lessee, transferee, anyone
entitled to enforce warranty
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: 15 days written notice
with offer to return device
Repair Requirements: 30 days out of service
Affirmative Defenses: abuse, neglect, unauthorized
modification or alteration, condition resulting from normal use
resolvable by adjustment
Replace or refund: replace or refund, minus usage
setoff
Other reimbursement: collateral costs
Other remedies: attorney fees
Informal dispute resolution: not applicable
Resale of Lemon: not applicable
Links to State Info:
Arc
of Arkansas
Assistive
Technology for Rural Elders
Association
for Hearing Impaired Children
Disability
Coalition
Disability
Rights Center
Independent
Living Services
Rehabilitation
Service
School
for the Deaf
Statewide
Technology Access Site
