Survey of State Assistive Technology Lemon Laws

Alabama: No assistive technology statute found. Statute regulating dealers and fitters of hearing aids (Ala. Code §§ 34-14-1 to 34-14-14) is purely a licensure statute - no mention of warranties. No wheelchair lemon law statute found.

Alaska: Warranties for Assistive Technology and Mobility Aids Act. Alaska Stat. Ann. §§ 45.45.600 to 45.45.690. Includes wheelchairs and hearing aids.

Arizona: Assistive Devices Warranty Act. Ariz. Stat. §§ 44-1351 to 44-1355. Includes wheelchairs.

Arkansas: Warranties for Assistive Technology Devices and Mobility Aids. Ark. Code Ann. §§ 45.45.600 to 45.45.690. Very broad definition, explicitly includes wheelchairs and hearing aids.

California: Assistive Devices Warranty Protection Act. Cal. Civ. Code §§ 1792.2, 1793.02, 1793.025. (And see, Cal. Civ. Code § 1791) Broad definition, includes wheelchairs, does not specifically include hearing aids, but they are evidently covered because Ca. Bus. & Prof. Code § 3365 (part of the licensure statute for hearing aid dispensers) requires a written receipt, which must include "the terms of any guarantee or written warranty required by § 1793.01 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids."

Colorado: Warranties for Assistive Technology Act. Colo. Rev. Stat. Ann. §§ 6-1-401 to 6-1-412 Wheelchairs or scooters only. Colo. Rev. Stat. Ann. § 6-1-701 (section of UDAP statute dealing with registered hearing aid providers) requires a thirty-day rescission period. Also written notice re: any manufacturer's warranty.

Connecticut: Assistive Technology Devices, Conn. Gen. Stat. §§ 42-330 to 42-336 Includes wheelchairs. Excludes hearing aids. Conn. Gen. Stat. § 20-402a (part of licensure statute for hearing instrument specialists) requires a thirty day cancellation period. §20-404 requires a written receipt that includes the terms of manufacturer's and licensee's warranty and trial period.

Delaware: No general assistive devices statute found. No specific wheelchair or hearing aid warranty statute found. Del. Code title 24, Ch. 37 appears to be purely a licensing statute.

District of Columbia: D.C. Code § 28-4004 (Hearing aid dealers. 30-day money back guarantee required on sales of hearing aids). See also § 28-4006 (prohibited practice to state or imply that hearing aid is guaranteed, without disclosing the identity of the guarantor, the terms and conditions of the guarantee, and any limitations.) No assistive device statute found. No wheelchair warranty statute found.

Florida: Assistive Technology Device Warranty Act.. Fla. Stat. Ann. §§ 427.801 to 427.806 Broad definition. Includes wheelchairs, does not explicitly exclude hearing aids. Fla. Stat. Ann. § 465.1246 and 484.0512 (Hearing aids. 30 day cancellation period. May return for repair or refund, for "any valid reason.") See also Fla. Stat. Ann. § 468.1245 and 484.051 (receipt for sale of hearing aid must specify duration and terms of guarantee, and identity of guarantor).

Georgia: Assistive Technology Warranty Act. Ga. Code Ann. §§ 10-1-870 to 10-1-875 ; Broadly defined, but limited to devices costing $1000 or more. Motorized Wheelchair Warranty Act. Ga. Code Ann. §§ 10-1-890 to 10-1-894. Ga. Code Ann. § 43-20-13 (receipt for sale of hearing aid must disclose the terms of a guarantee - "if any."

Hawaii: Assistive Technology Warranty Act. Haw. Rev. Stat. §§ 481K-1 to 481K-6. Wheelchairs and hearing aids included.

Idaho: Assistive Technology Warranty Act. Idaho Code §§ 48-1401 to 48-1407. Wheelchairs included; excludes hearing aids if covered by 1 year express warranty. No specific hearing aid warranty statute found.

Illinois: No assistive technology warranty statute found. No wheelchair warranty statute found. No hearing aid warranty statute found.

Indiana: Assistive Device Warranties. Ind. Code Ann. §§ 24-5-20-1 to 24-5-20-14. Broad definition. Wheelchairs and hearing aids explicitly covered.

Iowa: Assistive Device Warranty Act. Iowa Code Ann. §§ 216E1 to 216E7. Wheelchairs covered. Excludes hearing aids if dispensed by licensed audiologist and covered by 1 year guarantee. See also Iowa Code Ann § 154A.20 (receipt for sale of hearing aid must disclose terms of guarantee "if any.")

Kansas: Assistive Devices for Major Life Activities. Kan. Stat. Ann. §§ 50-696 to 50-6,102. Includes hearing aids and wheelchairs.

Kentucky: Warranties for New Assistive Devices. Ky. Rev. Stat. §§ 150B.300 to 150B.335. Broad definition. Wheelchairs and hearing aids explicitly included.

Louisiana: New Assistive Device Warranties. La. Rev. Stat. §§ 51:2762 to 2767 Includes wheelchairs and hearing aids.

Maine: Assistive Devices for Persons with Disabilities. Me. Rev. Stat. Ann. tit. 10, §§ 1500 to 1500-F. Includes wheelchairs and hearing aids BUT NOT hearing aids as defined by title 32, § 1658, sub-sec. 5. Me. Rev. Stat. Ann. tit. 32, § 1658-B (hearing aids. 30 day trial period. 60 day cancellation if written medical opinion stating that hearing aid not appropriate for purchaser.) See also § 1658-C (receipt must disclose trial period and cancellation rights, and the terms of any guarantee or warranty.)

Massachusetts: Customized Wheelchairs - Nonconformity . Mass. Gen. L. Ann. Ch. 93, § 107. Mass. Gen. L. Ann. § Ch. 93, § 74 (receipt for sale of hearing aid must include a clear and precise statement of "any guarantee or trial period.") No general assistive technology warranty statute found.

Maryland: Motorized Wheelchair Warranty Enforcement Act. Md. Comm. L. §§ 14-2701 to 14-2706. Motorized wheelchairs. No general assistive technology warranty statute found. No general wheelchair warranty statute found. No hearing aid warranty or trial period statute found.

Michigan: Mich. Comp. L. Ann. Wheelchair Selling and Leasing. §§445.1081 to 445.1087. Wheelchairs. No general assistive technology warranty statute found. No hearing aid warranty or trial period statute found.

Minnesota: Assistive Device Warranties. Minn. Stat. Ann. §§ 325G.203 to 325G.208. Wheelchairs and hearing aids included.

Mississippi: No general assistive technology warranty act found. No specific wheelchair or hearing aid warranty statute found.

Missouri: Wheelchair lemon law, and assistive devices for major life activity. Mo. Stat. Ann. §§ 407.950 to 407. 970. Includes wheelchairs and hearing aids.

Montana: Wheelchair Warranty Act. Mont. Code Ann. §§ 30-14-1201 to 30-14- 1207. Wheelchairs costing $500 or more. Mont. Code Ann. § 37-16-304 (hearing aids, 30 day cancellation period must be disclosed to buyer). See also § 37-16-303 (bill of sale must disclose cancellation rights, and terms of any warranty or guarantee). No general assistive technology warranty statute found.

Nebraska: Assistive Technology Regulation Act. Neb. Rev. Stat. §§ 69-2601 to 69-2619. Includes wheelchairs and hearing aids.

Nevada: Assistive Devices. Nev. Rev. Stat. §§ 597.264 to 597.2667 Wheelchairs and hearing aids included.

New Hampshire: N.H. Rev. Stat. § 137-F:26 (hearing aids. 30 day trial period.) See also § 137-F:24 (bill of sale must disclose terms of warranty). No assistive device warranty or wheelchair warranty statute found.

New Jersey: Wheelchair warranties. N.J. Stat. §§ 56:12-75 to 56:112-86. Motorized wheelchairs. N.J. Stat. Ann. § 45:9A-23 (receipt for sale of hearing aid must disclose terms of guarantee or express warranty if any.) No general assistive device warranty statute found.

New Mexico: Assistive Device Lemon Law. N.M. Stat. Ann. §§ 57-27-1 to 57-27-5. Includes wheelchairs and hearing aids.

New York: Motorized Wheelchair Warranties. N.Y. Gen. Bus. L. § 670. Motorized Wheelchairs. N.Y. Gen. Bus. L. § 798 (hearing aids. 45 day money back guarantee). No general assistive devices warranty statute found.

North Carolina: N.C. Gen. Stat. Ann. § 93D-3 (full refund if consumer presents opinion of otolaryngologist that purchaser's hearing cannot be improved by hearing aid). No general assistive technology warranty or specific wheelchair warranty statute found.

North Dakota: Assistive technology device warranties. N.D. Cent. Code §§ 51-24-01 to 51-24-08. Broad definition includes wheelchairs but excludes hearing aids as defined by §43-33-01(2). N.D. Cent. Code §43-33-03 (requires receipt to disclose terms of guarantee, if any.)

Ohio: Assistive Devices. Ohio Stat. §§ 1345.90 to 1345.95. Broad definition. Includes wheelchairs, but excludes hearing aids as defined in § 4747.01. § 4747.09 (receipt must disclose terms of guarantee "if any.")

Oklahoma: Defective Assistive Device Act. Okla. Stat. Ann. tit. 15, §§ 910 to 910.5. Includes wheelchairs and hearing aids.

Oregon: Warranties on wheelchairs, scooters and hearing aids. Ore. Rev. Stat. §§ 646.482 to 646.498. Wheelchairs, scooters and hearing aids.

Pennsylvania: Motorized Wheelchair Warranty Act. 73 Pa. Stat. §§ 2231 to 3337. Motorized wheelchairs. 35 Pa. Stat. § 6700-504.1 (30 day money back guarantee) See also 35 Pa. Stat. § 6700-504 (receipt must disclose terms of guarantee or warranty if any.) No general assistive devices or wheelchair warranty statute found.

Puerto Rico: Assistive Technology Equipment Guarantee. 8 L. P.R. Ann. §§ 851 to 859. Very broad definition. Wheelchairs explicitly included, hearing aids not mentioned. No specific hearing aid warranty statute found.

Rhode Island: Consumer Enforcement of Assistive Technology Device Warranties. R.I. Gen. Laws §§ 6-45-1 to 6-45-7. Includes wheelchairs and hearing aids.

South Carolina: Assistive Technology Warranty Act. S.C. Code §§ 39-54-10 to 39-54-60. Covers wheelchairs and wide array of other devices - that cost $300 or more - (including prosthetics - specifically excluded by several other statutes) but not eyeglasses, contact lenses, or false teeth. Does not cover hearing aids fitted by hearing aid specialists, speech pathologists or audiologists, licensed under title 40, chapters 25 or 67. (§ 40-25-70 requires receipt for sale of hearing aid to disclose terms of guarantee, if any.)

South Dakota: Assistive Devices. S.D. Codified L. Ann. §§ 37-31-1 to 37-31-9.

Includes wheelchairs and hearing aids.

Tennessee: No general assistive device warranty, or specific wheelchair or hearing aid warranty statutes found.

Texas: Tex. Occ. Code § 402.401 (hearing aids: 30 day trial period) No general assistive devices or specific wheelchair warranty statute found.

Utah: Assistive Technology warranty Act. Utah Code Ann. §§ 70A-2-801 to 70A-2-807. Includes wheelchairs and hearing aids - but only items that cost $1000 or more. No specific wheelchair or hearing aid warranty statute found.

Vermont: Vt. Stat. Ann. tit. 9, §§ 2467 to 2470. Assistive Technology. (Broad definition. Wheelchairs explicitly included, hearing aids not mentioned.) Vt. Stat. Ann. tit. 9, § 41c (Rent-to-Own - Assistive Devices. Broad definition explicitly includes wheelchairs and hearing aids. Lessor must offer purchase option.) Vt. Stat. Ann. tit. 26, § 3284 (hearing aids: 45 day trial period.)

Virginia: Assistive Technology Device Warranties Act. Va Code. Ann. §§ 59.1-470 to 59.1-474.. Includes wheelchairs and hearing aids.

Washington: Wheelchairs. Wash. Rev. Code Ann. §§ 19.184.010 to 19.184.060. Wheelchairs only. No general assistive device warranty or hearing aid warranty or trial period statute found.

Wisconsin: Motorized Wheelchair Warranties. Wis. Stat. Ann. § 134.87. Motorized wheelchairs only. Wis. Stat. Ann. § 459.04 (seller of hearing aid must give purchaser a personal guarantee that is at least identical to the guarantee or the manufacturer.) No general assistive technology warranty found. No warranty requirement for non-motorized wheelchairs or for hearing aids found.

Wyoming: Wyo. Stat. § 33-35-104 (hearing aid bill of sale must disclose terms of "any guarantee") No assistive device, wheelchair or hearing aid warranty statute found.

West Virginia: Consumer Protection - Assistive Devices. W. Va. Code §§ 46A-6E-1 to 46A-6E-7. Includes wheelchairs and hearing aids.

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