| Chapter 087 |
| 2023 -- H 5560 Enacted 06/19/2023 |
| A N A C T |
| RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- CONSUMER ENFORCEMENT OF ASSISTIVE TECHNOLOGY DEVICE WARRANTIES |
Introduced By: Representatives Kennedy, Azzinaro, Edwards, Kazarian, Corvese, Serpa, and Diaz |
| Date Introduced: February 15, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 6-45-4 of the General Laws in Chapter 6-45 entitled "Consumer |
| Enforcement of Assistive Technology Device Warranties" is hereby amended to read as follows: |
| 6-45-4. Reasonable number of attempts to repair. |
| (a) A “reasonable number of attempts to repair” an assistive technology device with a |
| nonconformity means the occurrence of one or both of the following: |
| (1) The same nonconformity that is first reported during Term A is subject to repair two |
| (2) or more times during Term B; or |
| (2) The device is out-of-service for an aggregate of thirty (30) or more calendar days during |
| Term A because of one or more nonconformities. |
| (b) For purposes of counting the days for which a device is out-of-service because of one |
| or more nonconformities, an out-of-service period shall begin with and include the day that is the |
| later of: |
| (1) The day the nonconformity first appears; or |
| (2) The business day prior to the day on which the consumer first reports the nonconformity |
| to the manufacturer of the device or its authorized dealer. |
| (c) For purposes of counting the days for which a device is out-of-service because of one |
| or more nonconformities, an out-of-service period shall end with and include the day on which the |
| device is returned after repair, and is then free of nonconformities, to the possession of the |
| consumer, unless this return is made by 10:00 a.m. of that day in which case the out-of-service |
| period shall end with and include the previous day. |
| (d) In the event an out-of-service period has commenced during Term A, then for purposes |
| of subsection (a)(2), Term A shall continue until the end of this out-of-service period. |
| (e) The manufacturer/vendor shall keep written records of all repair attempts made, |
| including: |
| (1) The date a repair was requested; |
| (2) The type of repair requested; |
| (3) The date the repair attempt began; |
| (4) The length of time required for the repair attempt; |
| (5) The results of the repair attempt; and |
| (6) The total number of repair attempts made. |
| SECTION 2. Chapter 6-45 of the General Laws entitled "Consumer Enforcement of |
| Assistive Technology Device Warranties" is hereby amended by adding thereto the following |
| section: |
| 6-45-8. Information about assistive technology warranties act to be provided at time |
| of sale. |
| At the time of purchase or lease, the manufacturer must provide directly to the consumer a |
| statement, written in not less than fourteen (14) point all capital bolded type on a separate piece of |
| paper or in such other form as the consumer can understand, the following form: |
| "(1) If the device is still defective after two (2) attempts to repair the same problem within |
| two (2) years, or out of service for thirty (30) days for any combination of problems within the first |
| year from the date of first delivery, you may be entitled to a replacement or refund of the purchase |
| price under chapter 45 of title 6. To be entitled to a refund or a replacement, you must first notify |
| the device manufacturer or vendor of the problem and give the vendor or manufacturer an |
| opportunity to repair the device in accordance with § 6-45-5(b)(1). |
| (2) If your device is out-of-service for more than seven (7) days, or not having a device |
| would be a threat to your safety, the manufacturer/vendor must provide you with a loaner device. |
| (3) For more information about this law, you can contact the governor’s commission on |
| disabilities." |
| SECTION 3. This act shall take effect upon passage. |
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| LC001731 |
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