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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Vermont

Vermont Statutes Annotated Title Section 2647

Summary of the Law:

Who & What is covered:

Vermont's statute covers any consumer who acquires by purchase, lease, transfer, or ability to enforce the warranty an assistive device 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. Additionally, for any repair period that will exceed one business day, the consumer is entitled to a free loaner device.

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 Vermont without full disclosure to the consumer.

Details of the Law:

Devices Covered: An item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities.

Persons Covered: Lessee, transferee, purchaser, or any person who can enforce the warranty.

Period Covered: 1 year from the date of purchase.

Disclosure Requirements: Full disclosure required.

Required Consumer Notice: Consumer must offer to transfer possession of the assistive device.

Repair Requirements: 3 attempts or 30 days out of service

Affirmative Defenses: not applicable

Replace or refund: Replace or refund

Other reimbursement: Consumer is entitled to a loaner if the device is out of service longer than 1 business day. Consumer can bring an equitable action for consumers damages, punitive damages (for a willful violation) and court costs and reasonable attorneys fees.

Other remedies: Violation of this statute is deemed an unfair or deceptive practice.

Informal dispute resolution: not applicable

Resale of Lemon: Only with full disclosure

Links to State Info:

Adaptive Ski and Sports
Center for Independent Living
Parent Information Center
Stern Center for Language and Learning

 

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