2023 -- S 0760

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LC001816

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

CONSUMER ENFORCEMENT OF ASSISTIVE TECHNOLOGY DEVICE WARRANTIES

     Introduced By: Senators Gallo, Pearson, Lombardo, DiPalma, and Ciccone

     Date Introduced: March 23, 2023

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 6-45-4 of the General Laws in Chapter 6-45 entitled "Consumer

Enforcement of Assistive Technology Device Warranties" is hereby amended to read as follows:

     6-45-4. Reasonable number of attempts to repair.

     (a) A “reasonable number of attempts to repair” an assistive technology device with a

nonconformity means the occurrence of one or both of the following:

     (1) The same nonconformity that is first reported during Term A is subject to repair two

(2) or more times during Term B; or

     (2) The device is out-of-service for an aggregate of thirty (30) or more calendar days during

Term A because of one or more nonconformities.

     (b) For purposes of counting the days for which a device is out-of-service because of one

or more nonconformities, an out-of-service period shall begin with and include the day that is the

later of:

     (1) The day the nonconformity first appears; or

     (2) The business day prior to the day on which the consumer first reports the nonconformity

to the manufacturer of the device or its authorized dealer.

     (c) For purposes of counting the days for which a device is out-of-service because of one

or more nonconformities, an out-of-service period shall end with and include the day on which the

device is returned after repair, and is then free of nonconformities, to the possession of the

consumer, unless this return is made by 10:00 a.m. of that day in which case the out-of-service

period shall end with and include the previous day.

     (d) In the event an out-of-service period has commenced during Term A, then for purposes

of subsection (a)(2), Term A shall continue until the end of this out-of-service period.

     (e) The manufacturer/vendor shall keep written records of all repair attempts made,

including:

     (1) The date a repair was requested;

     (2) The type of repair requested;

     (3) The date the repair attempt began;

     (4) The length of time required for the repair attempt;

     (5) The results of the repair attempt; and

     (6) The total number of repair attempts made.

     SECTION 2. Chapter 6-45 of the General Laws entitled "Consumer Enforcement of

Assistive Technology Device Warranties" is hereby amended by adding thereto the following

section:

     6-45-8. Information about assistive technology warranties act to be provided at time

of sale.

     At the time of purchase or lease, the manufacturer must provide directly to the consumer a

statement, written in not less than fourteen (14) point all capital bolded type on a separate piece of

paper or in such other form as the consumer can understand, the following form:

     "(1) If the device is still defective after two (2) attempts to repair the same problem within

two (2) years, or out of service for thirty (30) days for any combination of problems within the first

year from the date of first delivery, you may be entitled to a replacement or refund of the purchase

price under chapter 45 of title 6. To be entitled to a refund or a replacement, you must first notify

the device manufacturer or vendor of the problem and give the vendor or manufacturer an

opportunity to repair the device in accordance with § 6-45-5(b)(1).

     (2) If your device is out-of-service for more than seven (7) days, or not having a device

would be a threat to your safety, the manufacturer/vendor must provide you with a loaner device.

     (3) For more information about this law, you can contact the governor’s commission on

disabilities."

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

CONSUMER ENFORCEMENT OF ASSISTIVE TECHNOLOGY DEVICE WARRANTIES

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     This act would enhance the rights of consumers under the current law by adding the

requirement that the vendor or manufacturer maintain records of any reported defects or repairs of

a device, making it easier for a consumer to enforce their rights under the law. This act would

further increase awareness of the law by requiring that notice of the law must be provided at the

time of purchase of sale for each device.

     This act would take effect upon passage.

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