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Policy Statement
on Assistive Device Warranty Laws (Lemon Laws)
The Assistive Device Warranty (ADW) laws, also known as "lemon
laws", is a blanket term for consumer protection laws
that are being passed in state legislatures throughout the
country. Its primary intent was to protect elderly and disabled
consumers against faulty motorized wheelchairs, but this original
purpose was soon extended to apply to all types of assistive
technology devices, including hearing aids. Generally, these
laws require manufacturers to either replace the product or
to refund the full purchase price if the device is returned
for repairs two to four times in the course of a year, or
if it is out of service for a total of 30 days during this
period.
Some trade and professional
associations have taken a public stand opposing the ADW. Their
argument is that many hearing aids may be returned for shell
modifications and or electroacoustic adjustments as an outgrowth
of the normal fitting process, rather than reflecting mechanical
or electrical malfunctions. The Hearing Loss Association of
America agrees that hearing aids are often returned for this
purpose and that these instances should not trigger the provisions
of an ADW law. Indeed, at least some of the ADW laws explicitly
exempt modifications not related to mechanical function. For
example, the Rhode Island law states "nonconformity does
not include a condition of the device that is the result of
normal use which could be resolved through fitting adjustments,
cleaning, or proper care."
With the inclusion of this provision,
HLAA supports "lemon laws" as a consumer protection
law. While it may be an infrequent occurrence, some consumers
have purchased hearing aids which, despite repeated repair
efforts, continue to malfunction. These people, many elderly
and disabled, require the protection of an ADW law. It is
very unlikely that such a law will increase the number of
hearing aids being returned for full credit or for replacement.
Nevertheless, it is in the interest of both consumers and
the industry that those hearing aids that do fall under the
provisions of an ADW law should be returned. It does the industry
no credit to support malfunctioning instruments, and it certainly
does the consumer no good. We do recognize that the overwhelming
majority of hearing aid dispensers do not require a "lemon
law" provision to replace a faulty hearing aid during
the initial warranty period. To reiterate then: with the exemption
of returns for purposes implicit in the hearing aid fitting
process, HLAA supports the passage of ADW laws as they pertain
to hearing aids.
6/1/98
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