WHAT IS THE PURPOSE OF THE LEMON LAW?

The Lemon Law protects consumers who buy or lease wheelchairs, scooters or aids that increase the mobility or positioning of a person using a wheelchair as well as consumers who buy or lease hearing aids. The Lemon Law requires manufacturers to provide a warranty to repair a wheelchair, scooter, or hearing aid that has a "nonconformity." In some situations, the manufacturer must either replace or refund a consumer's money if the nonconformity cannot be repaired.

WHAT IS A NONCONFORMITY?

A nonconformity is a condition or defect that substantially impairs the use, value, or safety of an assistive technology (AT) device.

Examples of nonconformities:

the motor on the wheelchair breaks down;
the tires repeatedly lose air; or
the hearing aid emits a constant hum.

Nonconformities do not include problems that are the result of consumer neglect, abuse, or unauthorized modifications of the device. For hearing aids, problems that can be resolved through fitting adjustments, cleaning or proper care are not nonconformities.

WHAT ASSISTIVE TECHNOLOGY DEVICES ARE COVERED BY THE LEMON LAW?

The Oregon law covers only wheelchairs, scooters, hearing aids and aids that increase the mobility or positioning of a person using a wheelchair such as a switch or control to operate the chair. The wheelchair, scooter, or aid must have been purchased or leased on or after October 4, 1997.A hearing aid must have been purchased or leased on or after October 23, 1999.

DOES THE MANUFACTURER HAVE TO GIVE AN EXPRESS WARRANTY?

Yes. Manufacturers must give an express written warranty.

The warranty must:

be for at least one year;
state that the wheelchair, scooter, hearing aid or aid to increase the mobility or positioning of a person using the wheelchair does not have any nonconformities;
clearly identify the company or person making the warranty;
clearly state the rights given to the consumer; and
clearly state how the consumer can exercise those rights.

The Lemon Law applies to a lease or purchase even if the manufacturer does not provide a warranty. Under the Lemon Law, the manufacturer is considered to have given the consumer the written warranty described above.

WHAT ARE THE MANUFACTURER'S DUTIES TO REPAIR, REPLACE OR REFUND?

During the warranty period, the manufacturer and any authorized dealer (including the one who sold the device) have certain obligations under the Lemon Law.

The manufacturer/ dealer:

must repair any nonconformity at no cost to the consumer; and
must offer the consumer a refund of their money or a replacement device if:

1. the problem continues after two repair attempts; or

2. the device is out of service for 30 days or longer.

WHAT IF THE MANUFACTURER REFUSES TO REPAIR, REPLACE, OR REFUND?

The Lemon Law gives consumers the choice of two ways to resolve problems with the manufacturer: 1) participate in a dispute resolution procedure or 2) bring a court action. Dispute resolution includes mediation and arbitration.

In general, dispute resolution procedures are:

less expensive;
more speedy; and
less formal than court actions.

Consumers may contact www.doj.state.or.us/adr ( click on “ADR provider roster”) and/ or the Department of Justice (DOJ) Alternate Dispute Resolution (ADR) Coordinator in Salem at (503) 947-4570 to obtain a list of individuals who are qualified to conduct dispute resolution procedures. If a consumer chooses this route, the manufacturer must participate.

Consumers may instead choose to bring a court action (lawsuit) against the manufacturer for damages caused by the manufacturer's failure to comply with the law. Consumers should consult a private attorney for assistance, including with preserving strict time lines. The Oregon State Bar’s Lawyer Referral Service phone number is 1-800-452-7636.

WHAT ARE MY RESPONSIBILITIES?

It is important that you protect your rights. Consumers should:

make sure that a written warranty is included when purchasing or leasing;
keep a written record of any problems with the device;
keep written record of all of your communications with the manufacturer and dealer, including dates as well as names of people spoken with;
keep a written record of any repairs made on the device, including saving any service receipts; and
use the AT device in the manner authorized.

ARE THERE ANY OTHER LAWS WHICH MAY HELP CONSUMERS OF ASSISTIVE DEVICES?

Yes.

Defective Devices:

In addition to the assistive device lemon law, other consumer laws exist that may help you get a repair, replacement or a refund for a defective device.

Promises and Representations:

People who sell or lease wheelchairs, scooters or hearing aids can be held to their promises. For example, if you tell the seller that you need a scooter to use on your farm and the seller promises that the scooter he sold to you will work on uneven muddy ground but it does not, certain warranty laws may help you get a refund or replacement.

WHO CAN I CONTACT IF I FEEL THE LEMON LAW SHOULD APPLY TO MY AT DEVICE?

You may contact:

Oregon Advocacy Center
620 S.W. Fifth Ave. Fifth Floor
Portland, Oregon 97204-1428
1-800-452-1694; (503) 243-2081 (voice)
1-800-556-5351; (503) 323-9161 (TTY)