Assisted Devices Covered Under Lemon Law In 38 States

Many elderly and disabled consumers spend thousands of dollars on wheelchairs, motorized wheelchairs and other assisted devices only to end up with a "lemon". If you are dependent on an assisted device for day to day mobility, you should be offered the same protection as any other type of vehicle or consumer product. Fortunately, some states have worked to pass "lemon," or warranty legislation to protect consumers against assistive technology with substantial or continuing defects. The Technical Assistance Project is a sponsored project of RESNA (The Rehabition Engineering and Assistive Technology Society of Northern America) and works to improve the provision of assistive technology to individuals with disabilities of all ages through comprehensive statewide programs of technology-related assistance. Thus far 38 states have enacted laws that will protect consumers, thanks in part to RESNA's help.*

If you need legal help or to find out what your rights are, visit our lemon law site, we could help you protect your lemon law rights if you are the owner of a defective assisted device or vehicle.

*some information provided by RESNA.org

Texas Vehicle Sold as "New"...But Not!

Ruthie Williams and Jo Beth Byerly of Texas claim they would never have purchased their 2006 Hyundai Sonata had they been informed before purchase that the vehicle sustained severe damage in an accident. So their "new" vehicle turned out to not be not so new after all - they filed a deceptive trade lawsuit against Philpott Motors, seller of their vehicle and also Billy Navarre Chervolet, Honda, Hyundai, the dealer Philpott worked with to secure the 2006 Sonata for Williams and Byerly. "For defendants' misrepresentations, breaches of warranties and unconscionable conduct, plaintiffs are entitled to three times their economic damages," the suit says. "Plaintiffs are entitled to damages for mental anguish, and they also ask for three times their economic damages."

Learn more about Texas deceptive trade laws.

For a consumer fraud complaint in Texas, research your rights under Texas consumer fraud law.

California Bill Offers Lemon Law Protection to Military

California offers consumers the best lemon law protection in the US according to research by the Center for Auto Safety. But for the over 160,000 military personnel who have moved or been transferred to California and purchased their vehicle in another state, the lemon law offered no recourse.

Learn more about California's lemon law and your rights.

Bill extends lemon law to military

By Martin Zimmerman, Times Staff Writer ;From Reuters
July 21, 2007

Military personnel battling with car makers over defective automobiles may soon get some backup from state lawmakers.

The state's lemon law, passed in the early 1980s, makes it easier for consumers to get refunds on defective new and used vehicles still covered by a manufacturer's warranty.

Currently, the law applies only to vehicles purchased in California. If you buy a car out of state and then move to California — a not uncommon scenario for the 160,000 military personnel stationed here — the vehicle isn't covered.

SB 234, a bill sponsored by state Sen. Ellen Corbett (D-San Leandro), would extend the protection to all active duty military personnel stationed in California, as long as their vehicles were purchased in the United States.

"We have a good strong lemon law, but the troops couldn't use it if they bought their car in another state," said Rosemary Shahan, president of Consumers for Auto Reliability and Safety in Sacramento. "They're getting sent here to protect us and it's only right that we protect them."

Under the lemon law, new or used vehicles with a factory warranty that have been unsuccessfully repaired four times — or two times in the case of life-threatening defects — or that have been out of service for 30 days during the warranty period may be designated "lemons," triggering an obligation for the manufacturer to give the owner a refund and brand the title "lemon law buyback."

The measure to extend the lemon law's provisions to military personnel was introduced after a hearing featuring testimony from a Navy lieutenant who purchased a pickup truck in Washington state and was transferred to California. When problems with the truck couldn't be fixed, the lieutenant — by then deployed to Iraq — had no recourse under the lemon law because he bought the vehicle out of state.

Corbett's bill has not been opposed by the state's car dealers. It is awaiting Gov. Arnold Schwarzenegger's signature. A spokesman for his office said the governor had not taken a position on the legislation. *

*source - LATimes.com, 7/21/2007

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