Assistive Device State Lemon Laws
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:
Arc
of Virginia
Assistive Technology
(VATS)
Assistive Technology
Loan Fund
Disability
Resources Organization's Virginia LInks
HandiNet
Disability Links
Landmark
School for Learning Disabilities
School for
the Deaf and the Blind (Hampton)
State
Government Links
