HB480 Alabama 2017 Session

Summary

Primary Sponsor

Ken Johnson

Republican

Session

Regular Session 2017

Title

Warranties, New Assistive Devices Warranty Act, remedies

Summary

HB480 would create the New Assistive Devices Warranty Act to provide warranties on new assistive devices costing $500 or more and outline refunds or replacements when nonconformities aren’t fixed.

What This Bill Does

Defines what counts as an assistive device and who is covered (buyers, agencies, and lessors). If a device has a problem under an express warranty, the buyer or agency must report it and make the device available for repair, and the manufacturer or dealer must try to fix it. If repairs aren’t successful, the manufacturer must offer a refund or a replacement; refunds for purchases cover the full price plus finance charges, tax, and collateral costs minus a reasonable use allowance; for leases, refunds cover the current lease value plus amounts paid by the consumer plus collateral costs minus use. If the consumer chooses a replacement, a comparable new device must be provided within 30 days; there are exclusions and additional consumer rights described.

Who It Affects

• Consumers who buy or lease assistive devices (and government agencies purchasing for individuals) would gain warranty protections, repair obligations, and potential refunds or replacements for nonconforming devices.
• Manufacturers, assistive device dealers, and assistive device lessors would have to comply with repair duties, handle refunds or replacements, and may face reimbursement obligations if refunds exceed the device’s net sale value.

Key Provisions

• Defines an assistive device as a device costing $500 or more used for major life activities, including items like wheelchairs, hearing aids, and other mobility, hearing, or sight aids.
• Creates specific roles and duties for assistive device dealers and lessors, including combined responsibilities if a party is both dealer and lessor.
• Requires reporting of nonconformities to the manufacturer, dealer, or authorized dealers and repair of the device within the express warranty period.
• If repairs are not completed, mandates either a refund or a replacement, with detailed calculation rules for refunds on purchased devices (full price + finance charges + tax + collateral costs minus use) and leased devices (current lease value + amounts paid by consumer + collateral costs minus use; plus potential reimbursement from dealer/lessor to the manufacturer).
• Allows a comparable new device to be provided within 30 days if the consumer chooses a replacement.
• Excludes disposable devices with a life of one year or less and batteries or nonfunctional accessories from the act.
• Preserves rights under other laws, makes waivers void, and allows damages claims within one year of violation; penalties include up to twice the pecuniary loss plus costs and attorney fees, plus equitable relief.
• Effective date: becomes law on the first day of the third month after passage and governor approval (or when it otherwise becomes law).

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