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:

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

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

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

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

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

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

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(2) or more times during Term B; or

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

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Term A because of one or more nonconformities.

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

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

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later of:

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     (1) The day the nonconformity first appears; or

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

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to the manufacturer of the device or its authorized dealer.

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

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

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

 

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

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period shall end with and include the previous day.

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

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

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

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including:

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     (1) The date a repair was requested;

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     (2) The type of repair requested;

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     (3) The date the repair attempt began;

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

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     (5) The results of the repair attempt; and

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     (6) The total number of repair attempts made.

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

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

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section:

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

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of sale.

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

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

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

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

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

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

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

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

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

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

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

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

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disabilities."

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     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

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

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

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

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time of purchase of sale for each device.

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     This act would take effect upon passage.

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