Assistive Device State Lemon Laws
Louisiana
Louisiana Revised Statutes Annotated 51 : 2762
Summary of the Law:
Who
& What is covered:
Louisiana's statute covers any consumer who acquires
by purchase, lease, transfer, or ability to enforce the warranty
(or that persons agent) an assistive device.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 2 or more times for the same defect or is out of service
30 or more days within the warranty period, the consumer must offer
to return the assistive device to the manufacturer. The consumer
then has the right to a replacement assistive device or a refund
of the price paid. Additionally, the consumer is entitled to a
free "loaner" assistive device or rental reimbursement
after 2 repair attempts for the same defect, or for any repair
that will take 10 days or longer.
Resale of "lemon" assistive devices:
Any assistive device which is repurchased by the
manufacturer because it is a "lemon" under this statute
cannot be resold in Louisiana without full disclosure to the consumer.
Details of the Law:
Devices Covered: any device a consumer purchases
or accepts transfer of in this state which is used for a major
life activity, including hearing aids
Persons Covered: lessee, any transferee during warranty,
any person who can enforce the warranty, or their agent
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: not applicable
Repair Requirements: 2 repair attempts or 30 days
out of service
Affirmative Defenses: abuse, neglect, unauthorized
modification or alteration
Replace or refund: replace or refund minus usage
setoff
Other reimbursement: point of sale finance charges,
collateral costs; free loaner or rental reimbursement if repairs
take more than 10 days or when same defect was worked on 2 or more
previous times
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Chinchuba
Institute for Hearing Impaired (Marrero)
Giant
Resource Page, Tons of Links
Governor's
Office of Disability Affairs
Louisiana
Assistive Technology Network
Louisiana
Disability Information Resource
Louisiana
School for the Deaf
