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On June 6, 1997, Governor Rowland signed Public Act 97-100, "An Act Concerning the Security of Assistive Technology Devices." This lemon law covers nonconforming assistive technology devices purchased or leased on or after January 1, 1998. Manufacturers are required to repair and in some cases, either replace or refund a consumer's money for a nonconforming assistive technology device. WHAT IS AN ASSISTIVE TECHNOLOGY DEVICE?An assistive technology device is any device sold, leased or transferred in this state or to a consumer in this state that is used or designed to be used to enable or enhance the ability of a person with a disability to communicate, see, hear or achieve mobility. Examples of assistive technology devices include, but are not limited to, manual and motor-driven wheelchairs, seating and positioning aids, telephone communication devices for the deaf, voice synthesized computer modules,optical scanners, talking software, alternative and augmentative communication devices, computers, and braille printers. Hearing aids, batteries and non essential accessories are not covered devices under the lemon law. WHO IS COVERED BY THE LAW?The Law covers consumers who:
HOW LONG IS THE ASSISTIVE TECHNOLOGY DEVICE COVERED?The Lemon Law effects covered assistive technology devices during the warranty period given by the manufacturer or two (2) years from the date of delivery to the consumer - whichever is longer. WHAT IS A NONCONFORMITY?A nonconformity is a condition, malfunction or defect that substantially impairs the use, value or safety of an assistive technology device. Nonconformities do not include conditions or defects that are the result of abuse, neglect,or unauthorized modification or alteration of the assistive technology device. WHAT IS THE MANUFACTURER'S OBLIGATION WHEN ATTEMPTING TO MAKE REPAIRS DURING THE COVERED PERIOD?During the covered period, the manufacturer or its authorized repair dealer must repair the nonconformity within ten (10) business days. If the repair period exceeds ten (10) business days or if the nonconformity has occurred on at least two (2) previous occasions, the manufacturer must reimburse the consumer the reasonable per day cost of using an alternative assistive technology device. WHAT IF THE NONCONFORMITY CONTINUES TO EXIST AFTER THE MANUFACTURER HAS MADE THREE (3) ATTEMPTS TO REPAIR OR THE DEVICE HAS BEEN OUT OF SERVICE FOR THIRTY (30) DAYS?If the assistive technology device was purchased and it has been repaired
three times or it has been out of service for a total of thirty (30) consecutive
or non consecutive days during the warranty period or two (2) years, which
ever is longer, the consumer may request either:
If the assistive technology device was leased, the consumer may return
the device and may request either:
Whether the assistive technology device was purchased or leased, the manufacturer is entitled to reasonable compensation for the time the consumer used the device. CAN A NONCONFORMING ASSISTIVE TECHNOLOGY DEVICE BE SOLD OR LEASED TO ANOTHER CONSUMER?A nonconforming device may be sold or leased to another consumer only if full disclosure of the reasons for the return are given to the prospective buyer/lessee. HOW DO I GET MORE INFORMATION ABOUT THE ASSISTIVE TECHNOLOGY LEMON LAW?For more information about the Assistive Technology Lemon Law or a copy of the Public Act, please contact: The State of Connecticut |
