Assistive Device State Lemon Laws
Idaho
Idaho Code 48 - 1402
Summary of the Law:
Who
& What is covered:
Idaho's statute covers any consumer who acquires
by purchase, lease, transfer, or ability to enforce the warranty,
an assistive device.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 2 or more times for the same defect or is out of service
30 or more days within the warranty period, the consumer must offer
to return the device to the manufacturer. The consumer then has
the right to a replacement assistive device or a refund of the
price paid. Additionally, the consumer is entitled to a free "loaner" assistive
device after 2 repair attempts for the same defect, or for any
repair that will take 10 days or longer.
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 Idaho without full disclosure to the consumer.
Details of the Law:
Devices Covered: an item that is designated and used
to increase, maintain or improve functional capabilities of individuals
with disabilities in the areas of seeing, hearing, speaking, walking,
breathing, performing manual tasks, learning, caring for oneself
or working, excluding warranted muscle stimulators, hearing aids
warranted 1 year, and specifically excluded items of minor cost.
Persons Covered: purchaser, lessee, transferee, any
person who can enforce the warranty
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: offer to return device
to manufacturer
Repair Requirements: 2 repair attempts or 30 days
out of service
Affirmative Defenses: abuse or unauthorized modification-alteration
Replace or refund: replace or refund minus usage
setoff
Other reimbursement: collateral costs
Other remedies: free loaner when out of service more
than 10 days or when same defect was worked on 2 or more previous
times
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Assistive
Technology Institute for Rural Elders
Council
for the Deaf and Hard of Hearing
Idaho
Assistive Technology Project
Idaho
School for the Deaf and the Blind
