Assistive Devoce Lemon Law
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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:
Centers for Independent Living

 

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