Assistive Device State Lemon Laws
West Virginia Code 46 A - 6 E
Summary of the Law:
& 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.
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
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
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:
Technology for Rural Elders
Training Center at Marshall University
Centers for Independent
W V Research
and Training Center
Schools for the Deaf and the Blind