Search

Home

About
Us

Programs
& Services

Contact
Us

Abuse
Investigation

Advisory
Boards

Case Services
Unit

Fatality Review Board
(FRB)

Legislative
Information

Newsletter

Press
Releases

Reports

Publications

Index

Protection & Advocacy for
Persons with Disabilities

60B Weston Street

Hartford, CT 06120-1551

Tel: 860-297-4300
860-297-4380
(TTY)

Toll Free
Connecticut:

800-842-7303 (V/TTY)

P&A Publications

"Connecticut's Lemon Law"
(Public
Act 97-100)

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 after or 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:

purchase an assistive technology device from a dealer or
manufacturer (for other than for resale purposes);

accept transfer of an assistive technology device before the
express warranty ends;

may enforce the warranty of an assistive technology device;

lease an assistive technology device.

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, whichever is longer, the consumer may request either:

Replacement of the assistive technology device with an
alternative device of comparable quality or;

A refund of the cost associated with the device including
interest or finance charges.

If the assistive technology device was leased, the consumer may
return the device and may request either:

Replacement of the device with an alternative assistive
technology device of comparable quality or;

Early termination of the lease and return of money paid under
the lease.

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 us by e-mail, telephone,
or write us at:

State of Connecticut
Office of Protection and
Advocacy
for Persons with Disabilities
60B Weston Street -
Hartford, Connecticut 06120
1-800-842-7303 (voice/TTY) -
(860) 297-4300 (voice) or (860) 297-4380 (TTY)

Content Last Modified on 10/1/2004
11:38:39 AM

Printable
Version

Home | CT.gov
Home | Send Feedback | View as Text Only |Login |  Register

State of Connecticut Disclaimer and Privacy Policy  Copyright © 2002 - 2009 State of
Connecticut