OPA: Assistive Technology Lemon Law

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Connecticut’s Assistive Technology Lemon Law
Connecticut General Statutes
§§ 42-330-335

What is an Assistive Technology (AT) device?
An AT device is any item that enables or enchances the ability of a person with a disability to:
•   Communicate
•   See
•   Hear
•   Achieve mobility

What types of devices are covered under the law?
The Lemon Law covers many types of devices, including, but not limited to:
•   Manual and power wheelchairs
•   Seating and positioning aids
•   Alternative and augmentative communication devices
•   Talking software
•   Wheelchair lifts

What types of devices are not covered by the Lemon Law?
Although the Lemon Law is comprehensive in the types of devices that are covered, it does not cover the following:
•   Hearing aids
•   Batteries

Who is covered by the Lemon Law?
The Assistive Technology Lemon Law covers consumers who:
•   Buy or lease an assistive technology device from a dealer or manufacturer
•   Assume ownership of an assistive technology device before the warranty period ends.

How long is an AT device covered under warranty?
The device is covered:
•   During the warranty period given by the manufacturer
•   Two years from the date of purchase,  WHICHEVER  IS  LONGER
This means that the consumer is guaranteed a minimum of a two-year warranty even if the manufacturer’s warranty is for less than two years.
What is the manufacturer’s repair obligation?

During the warranty period, repair must be made within 10 business days of the complaint. If the repair process exceeds 10 business days or the problem (called a “nonconformity” in the law) has occurred at least twice before, the manufacturer or vendor must reimburse the consumer the reasonable per day cost of renting an alternative and comparable assistive technology device.

When is a consumer entitled to a refund or replacement of the device?
•   When a problem substantially impairs the use, value or safety of the device and the manufacturer or vendor has made 3 attempts at repair
•   The device is out of service for 30 days, consecutive or non-consecutive.  If either of these sets of conditions is met, then the AT device is considered a lemon.

Note: Nonconformity does not include conditions or defects that are the result of abuse, neglect or alteration of the assistive device.

If the device has been determined to be a lemon, what next?
Depending upon preference and circumstances, the consumer may request:
•   A refund of the cost, including interest and finance charge **
•   Replacement with an alternative of comparable quality
•   Early termination of the lease

**   A formula determines the exact refund amount, with subtractions made for time the device was used.

What if the manufacturer or vendor refuses to comply with the AT Lemon Law?
Contact the State Office of Protection and Advocacy for Persons with Disabilities to discuss your situation, learn more about the Lemon Law, and review enforcement options. These options include submitting a complaint to the CT Department of Consumer Protection (1-800-842-2649) and initiating a suit through a private attorney.

State of Connecticut
Office of Protection & Advocacy
for Persons with Disabilities
60-B Weston Street
Hartford, CT 06120-1551
(860) 297- 4300 (Voice)
(860) 297- 4380 (TTY)
1-800-842-7303 (V/TTY) CT Only
(860) 566- 8714 (Fax)

This information is available in alternative format upon request

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Content Last Modified on 2/27/2014 1:54:13 PM