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Assistive Technology: Lemon Law

What is the Rhode Island Assistive Technology Lemon Law?

RI’s Consumer Enforcement of Assistive Technology (AT) Device Warranties law, referred to as the AT Lemon Law, protects people who purchase and use AT.

If your device can’t be fixed, you may need a replacement or refund. The Lemon Law protects your right to a replacement or refund. It also requires people who build, sell, or lease AT devices (called manufacturers or dealers) to keep records of reported problems and repairs of your device.

What is Assistive Technology (AT)?

AT is any item, technology, or equipment that is used to increase, maintain, or improve the functional capabilities of people with disabilities. 

What happens if my AT device needs repairs?

Report the problem to the manufacturer or dealer.  The manufacturer or dealer must complete any repairs if:

  • The problem limits the use, value, or safety of the device; and
  • You report the problem to the manufacturer or dealer in the first two years you have the device.

If my AT device can’t be fixed, how do I receive a replacement or refund?

You can ask for a replacement or refund, if your device has problems that limit its use, value, or safety in one of these situations:

  1. You reported the problem within one year of getting the device, AND the manufacturer or dealer has tried to fix that same problem two times in the first two years you had the device.
  2. The device was out of service for more than thirty days total in the first year you had it.

To get a refund or replacement you must return the device to the manufacturer or dealer.

  • If you choose a refund, the manufacturer or dealer must give you a refund within 14 days after you agree to return the device. You will not get all your money back. The manufacturer or dealer is allowed to keep some money for the time you had and could use the device.
  • If you choose a replacement, the manufacturer or dealer must replace the device within 30 days after you agree to return the device.    

Will I receive a loaner while waiting for my repair, refund, or replacement?

If you request a repair, and not having your device is a threat to your safety, the manufacturer or dealer must give you a loaner device immediately.

If you request a repair, they must give you a loaner device if it takes more than 7 days to repair your device.

If you choose a refund, the manufacturer or dealer does not have to give you a loaner device. You will need to buy or lease another AT device.

If you choose a replacement, they must give you a loaner device if it takes more than 14 days to replace the device you returned.

If you have questions about the AT Lemon Law, you can contact Disability Rights Rhode Island at info@drri.org or 401-831-3150.

Bruce Conklin

Bruce Conklin

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