Connecticut’s Assistive Technology 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 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.
Who is covered by the Lemon 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, which ever 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:
Disability Rights CT
860-297-4300 or Toll Free in CT 800-842-7303