SB303 Alabama 2015 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2015

Title

Warranties, New Assistive Devices Warranty Act, remedies

Summary

The New Assistive Devices Warranty Act creates warranties for expensive assistive devices and sets out how refunds or replacements should work when a device has a nonconformity.

What This Bill Does

It defines assistive devices (cost $500+ and used for major life activities) and sets duties for dealers and lessors to repair reported nonconformities during the warranty. If a nonconformity isn’t repaired after a reasonable effort, the manufacturer must offer a refund or replacement based on whether the device was purchased or leased, including related costs and an option for a comparable new device within 30 days. The act excludes certain devices like disposable items and batteries, preserves other rights under law, and allows the consumer to sue within one year for damages with potential doubling of losses and attorney fees.

Who It Affects

• Consumers who buy, lease, or receive transfer of an assistive device (including government entities acting for individuals) would gain rights to repairs, refunds, or replacements for nonconforming devices.
• Manufacturers, assistive device dealers, and assistive device lessors who must repair, replace, or refund nonconforming devices and may face liability and reimbursement requirements.

Key Provisions

• Defines 'assistive device' as items costing $500 or more used for major life activities, with examples like wheelchairs, hearing aids, and vision aids.
• Defines roles such as 'assistive device dealer', 'assistive device lessor', and 'collateral costs' (expenses related to repair and obtaining a replacement).
• Requires reporting of nonconformities and making the device available for repair within the express warranty period.
• If repairs fail, requires refunds or replacements: purchases receive full purchase price plus finance charges/tax and collateral costs minus a use allowance; leases receive current lease value plus amounts paid minus a use allowance, with potential reimbursement from dealers/lessors; replacement must occur within 30 days once offered.
• Excludes disposable devices with a useful life of one year or less and batteries or nonfunctional accessories.
• Allows consumers to sue within one year of a violation; awards can include up to twice the pecuniary loss, costs, attorney fees, and equitable relief; waivers of rights are void.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

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