HB139 Alabama 2018 Session

Summary

Primary Sponsor

Ken Johnson

Republican

Session

Regular Session 2018

Title

Assistive devices for mobility and hearing sight impaired, warranties, New Assistive Devices Warranty Act, definitions, remedies

Summary

HB139 creates the New Assistive Devices Warranty Act to set warranties and remedies for certain assistive devices used for major life activities, including replacement or refund if a device is nonconforming.

What This Bill Does

Defines what counts as an assistive device (costs $500–$5,000 and used for major life activities, with examples in mobility, hearing, and sight-impaired communication devices, and an explicit exclusion for some hearing-related items). Requires manufacturers, dealers, or lessors to address reported nonconformities and attempt repairs during the express warranty; if the nonconformity isn’t repaired after a reasonable repair attempt, the manufacturer must offer a refund or replacement (with detailed calculations for purchased and leased devices, and an option for a comparable new device within 30 days). Lists exclusions (disposable devices under one year, batteries or nonfunctional accessories, and devices dispensed by licensed medical professionals) and sets remedies, time limits, damages, and costs, including possible double or treble damages and attorney fees. Establishes the act’s enforcement framework and sets an effective date relative to governor action.

Who It Affects

• Consumers who purchase or lease assistive devices (they gain defined rights to repair, refund, or replacement if a device does not conform to the warranty).
• Assistive device manufacturers, dealers, and lessors (they must respond to nonconformities, repair devices, and provide refunds or replacements when required, with potential cost recovery from dealers or lessors in some cases).

Key Provisions

• Remedies for nonconformities: report nonconformities, allow repairs during the warranty, and, if not repaired, provide a refund or replacement (including purchase refunds with full price, taxes, finance charges, collateral costs minus use, or lease refunds with lease value and payments minus use; replacement option available within 30 days).
• Scope and remedies: defines assistive devices by cost and purpose, lists exclusions, preserves other rights, voids waivers, allows actions within one year of violation, and permits damages up to twice the pecuniary loss (and up to treble damages) plus costs and attorney fees; sets an effective date after 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