Commercial Law – General Regulatory Provisions

Consumer Enforcement of Assistive Technology Device Warranties

SECTION 6-45-7

§ 6-45-7. Remedies.

(a) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter, plus taxable costs and reasonable attorneys' fees. For a violation of any of the obligations provided by § 6-45-5(a), whether relative to a refund as described in § 6-45-5(a)(1) or to a replacement as described in § 6-45-5(a)(2), the court shall award damages equal to the greater of:

(1) Actual damages; or

(2) The sum of:

(i) Two (2) times the amount obtained as:

(A) The amount that should have been refunded under § 6-45-5(a)(1) or that should have been refunded under § 6-45-5(a)(1) had the consumer chosen that option; minus

(B) The amount that was actually refunded, if any; minus

(C) The amount, if any, of the difference between the amounts described in clauses (A) and (B) that was attributable to a good faith dispute by the manufacturer as to:

(I) The amount of collateral costs; or

(II) The length of a useful life greater than five (5) years in calculating the reasonable allowance for use under § 6-45-5(c) and 6-45-5(d); and

(ii) The amount described in subsection (a)(2)(i)(C) of this section.

(b) Actual damages caused by a violation of this chapter shall include collateral costs, beginning at the time of the violation, whether or not the consumer acquired the rights provided by § 6-45-5(a).

(c) The remedies of a buyer or lessee described in §§ 6A-2-715 or 6A-2.1-520, with respect to an assistive technology device, shall not be excluded or limited.

(d) The rights and remedies provided to the consumer by this chapter shall be in addition to those available under any other law.

(e) Any waiver by a consumer of rights under this chapter is void.

History of Section.
(P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.)