Assistive Device State Lemon Laws
West Virginia
West Virginia Code 46 A - 6 E
Summary of the Law:
Who
& What is covered:
West Virginia'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 any assistive device is in
for repair 3 or more times for the same defect or is out of service
30 days or more during the warranty period, the consumer has the
choice of receiving a replacement assistive 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 West Virginia without full disclosure to the
consumer.
Details of the Law:
Devices Covered: Any device enabling a person with
a disability to communicate, see, hear or maneuver which a consumer
purchases or accepts transfer of in this state. Demonstrators are
also covered.
Persons Covered: Purchaser, transferee, lessee, and
anyone who can enforce the warranty.
Period Covered: One year from the date of delivery.
Disclosure Requirements: not applicable
Required Consumer Notice: not applicable
Repair Requirements: 3 attempts at repair or 30 days
out of service.
Affirmative Defenses: not applicable
Replace or refund: Must replace or refund.
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 for Rural Elders
Autism
Training Center at Marshall University
Centers for Independent
Living
Family
Matters
Senior
Legal Aid
W V Research
and Training Center
West Virginia
Schools for the Deaf and the Blind
