Assistive Devoce Lemon Law
Phone 1-888-331-6422

Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

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

 

Free Case Review and Lemon Law Representation

Lemon Law Blawg

Follow us on facebookFollow us on twitterBurdge Law YouTube ChannelFeedburner FeedEmail UsLinkedIn