Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Virigina

Virginia Code Annotated Section 59 1 - 470

Summary of the Law:

Who & What is covered:

Virginia's statute covers a person with a disability as defined by the Americans with Disabilities Act, or his legal representative, who has acquired an assistive device by purchase, transfer or lease; additionally, Virginias statute also covers any entity which purchases or leases an assistive device using state or federal funds for a person with a disability.

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 Virginia without full disclosure to the consumer.

Details of the Law:

Devices Covered: Any new device, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth which is used for a major life activity or any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver.

Persons Covered: A person with a disability as defined in the Americans With Disabilities Act, 42 U S C Section 12101 (2), or his legal representative,  who has purchased an assistive device from an assistive device dealer or manufacturer for purposes other than resale; to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of any warranty established by this chapter, or  who leases a new assistive device from an assistive device lessor under a written lease; An entity which purchases or leases an assistive device using state or federal funds for the use of a person with a disability; or An insurer or self insurer which purchases or leases an assistive device for the use of a person with a disability.

Period Covered: 1 year after the date of purchase.

Disclosure Requirements: Full disclosure

Required Consumer Notice: not applicable

Repair Requirements: 3 Repair attempts or 30 days out of service

Affirmative Defenses: not applicable

Replace or refund: Refund or Replacement

Other reimbursement: not applicable

Other remedies: not applicable

Informal dispute resolution: not applicable

Resale of Lemon: Only with full disclosure

Links to State Info:
Assistive Technology (VATS)
Assistive Technology Loan Fund
Disability Resources Organization's Virginia LInks
Landmark School for Learning Disabilities
School for the Deaf and the Blind (Hampton)

 

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