HB450 Alabama 2012 Session

Summary

Primary Sponsor

Patricia Todd

Democrat

Session

Regular Session 2012

Title

Warranties, New Assistive Devices Warranty Act, remedies

Summary

HB450 creates the New Assistive Devices Warranty Act to guarantee warranties for new assistive devices and provide refunds or replacements if they do not work as promised.

What This Bill Does

It defines what counts as an assistive device and who is covered by the act. If a device with an express warranty has a nonconformity, the manufacturer, dealer, or lessor must repair it within the warranty period. If it cannot be repaired after reasonable attempts or the repair is refused, the manufacturer must refund or replace the device, with specific rules for purchased versus leased devices. Consumers may sue for damages within 1-2 years, with possible double damages and attorney fees, and the act does not limit other rights.

Who It Affects

• Consumers who purchase or lease assistive devices (including government entities acting for individuals) would gain rights to repairs, refunds, or replacements when a device doesn't meet the warranty.
• Assistive device manufacturers, dealers, and lessors would have obligations to process repairs and provide refunds or replacements, and could face reimbursement responsibilities if payments are misapplied.

Key Provisions

• Defines assistive devices and excludes motor vehicles and their equipment from coverage.
• Requires reporting of nonconformities and repair of devices under express warranty within the warranty period.
• If a device cannot be repaired after a reasonable effort or is not repaired, the manufacturer must provide a refund or replacement; refunds for purchased devices include full price plus finance charges/tax plus collateral costs minus a reasonable use allowance; refunds for leased devices cover current lease value plus amounts paid by the consumer plus collateral costs minus a use allowance, with possible recourse to the dealer/lessor for excess payments.
• If the consumer elects a comparable new device, the manufacturer must supply it within 30 days after the transfer offer.
• Consumers may pursue remedies in court within 1-2 years of the violation, with damages limited to up to twice the pecuniary loss plus costs and attorney fees, and with potential equitable relief.
• The act does not limit rights under other laws; waivers of rights are void; the act becomes law after governor approval and specified effective date.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Warranties