Assistive Device State Lemon Laws
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
Austine
School for the Deaf
Center for Independent
Living
Parent
Information Center
Parent
to Parent
Seaside's
Disability Links
Stern
Center for Language and Learning
