Assistive Device State Lemon Laws
Utah
Utah Code Annotated 78 - 2 - 802
Summary of the Law:
Who
& What is covered:
Utah's statute covers any consumer who acquires by
purchase or lease an assistive device costing over $1,000 that
is still under warranty.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 3 or more times for the same defect or out of service 30
days or more within the warranty period the consumer must offer
to transfer the device to the manufacturer. The consumer then 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 in Utah without full disclosure to the consumer.
Details of the Law:
Devices Covered: devices costing more than $1,000
Persons Covered: buyer or lessee
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: not applicable
Repair Requirements: 3 repair attempts on same defect
or 30 days out of service
Affirmative Defenses: abuse, neglect, modification
Replace or refund: replace or refund minus usage
setoff
Other reimbursement: collateral costs and, if in
a buy back, pay point of sale finance charges
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon: only with full written disclosure
Links to State Info:
Access
Utah Network
Assistive
Technology for Rural Elders
Association
on Higher Education and Disability
Center
for Assistive Technology
Center for
Persons with Disabilities
Utah Association
for the Deaf
Utah Schools
for the Deaf and the Blind
