Assistive Device State Lemon Laws
Iowa
Iowa Code 216 E . 1
Summary of the Law:
Who
& What is covered:
Iowa'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 Iowa without full disclosure to the consumer.
Details of the Law:
Devices Covered: any item purchased or transferred
in this state that is used to increase, maintain, or improve the
functional capabilities of individuals with disabilities concerning
a major life activity, excluding a medical or surgical device or
implant and a titled vehicle
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
Repair Requirements: 2 attempts or 30 days out of
service
Affirmative Defenses: abuse, neglect, unauthorized
use
Replace or refund: replace or refund minus usage
setoff
Other reimbursement: point of sale finance charges
and collateral costs
Other remedies: free loaner or rental reimbursement
if repairs take more than 10 days or when same defect was worked
on 2 or more previous times; up to 3 times actual damages plus
attorney fees and costs; equitable relief
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Assistive
Technology for Rural Elders
Brain
Injury Association of Iowa
Iowa
Project for Deaf-Blind Services
Iowa
School for the Deaf
