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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Maine

Maine Revised Statutes Annotated Section 1500 - 1500 F

Summary of the Law:

Who & What is covered:

Maine's statute covers any consumer who acquires an assistive device by purchase, lease, transfer, or ability to enforce the warranty.

Consumer Remedies:

Under the statute, if an assistive device is in for repair 3 or more times for the same defect or is out of service 30 days or more within the warranty period, the consumer is entitled to a replacement assistive device or a refund of the price paid. Additionally, the consumer is entitled to a free "loaner" assistive device during any repair, and, in the case of a lease all lease payments are suspended if no free loaner device is provided during the repair period.

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 Maine without full disclosure to the consumer.

Details of the Law:

Devices Covered: Any device a consumer purchases or accepts transfer of in this state used by a person with a disability to offset the effect of the disability and enhance function in carrying out a major life activity

Persons Covered: purchaser, lessee, transferee, any person who can enforce the warranty

Period Covered: 1 year or length of lease term

Disclosure Requirements: not applicable

Required Consumer Notice: not applicable

Repair Requirements: 3 repair attempts of same defect or 30 days out of service

Affirmative Defenses: abuse, neglect, unauthorized modification or alteration; seller did not know of intended use of device

Replace or refund: replace or refund

Other reimbursement: two times actual damages, free loaner during repair; in case of a lease, lease payments are suspended if no loaner provided during repair

Other remedies: all devices must be sold with 30 day trial period, attorney fees and costs

Informal dispute resolution: not applicable

Resale of Lemon: only with full disclosure

Links to State Info:

Guide Horses for the Blind
Living With Assistive Tehcnology

 

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