Section 37-31-3 – Repair of nonconforming devices–Reimbursement by manufacturer–Failure to repair.
37-31-3. Repair of nonconforming devices–Reimbursement by manufacturer–Failure to repair. If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer’s authorized assistive device dealers and makes the assistive device available for repair before one year […]
Section 37-31-4 – Return of nonconforming device for replacement or refund.
37-31-4. Return of nonconforming device for replacement or refund. To receive an assistive device of comparable quality, size, and function or a refund, the consumer shall offer to transfer possession of the nonconforming assistive device to the manufacturer. Not more than thirty days after such an offer the manufacturer shall provide the consumer with an […]
Section 37-31-5 – Refund for leased nonconforming assistive device–Transfer of possession of device.
37-31-5. Refund for leased nonconforming assistive device–Transfer of possession of device. To receive a refund due under a leased assistive device, a consumer shall offer to return the nonconforming assistive device to the lessor. Not more than thirty days after such an offer, the lessor of the assistive device shall provide the refund to the […]
Section 37-31-6 – No enforcement of lease following refund to consumer.
37-31-6. No enforcement of lease following refund to consumer. No person may enforce a lease against a consumer after the consumer receives a refund due under §37-31-5. Source: SL 1996, ch 242, §6.
Section 37-30A-14 – Civil action permitted for willful violation.
37-30A-14. Civil action permitted for willful violation. Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful […]
Section 37-30A-15 – Other actions not affected.
37-30A-15. Other actions not affected. Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter. Source: SL 1997, ch 222, §15.
Section 37-30A-16 – Violation as misdemeanor.
37-30A-16. Violation as misdemeanor. Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor. Source: SL 1997, ch 222, §16.
Section 37-30A-17 – Telemarketer must prove exemption.
37-30A-17. Telemarketer must prove exemption. A telemarketer claiming an exemption from the provisions of this chapter has the burden of proving the exemption. Source: SL 1997, ch 222, §17.
Section 37-31-1 – Definition of terms.
37-31-1. Definition of terms. Terms used in this chapter mean: (1)”Assistive device,” any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, […]
Section 37-31-2 – Manufacturer’s warranty–Duration.
37-31-2. Manufacturer’s warranty–Duration. A manufacturer who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty may not be less than one year after first delivery of the assistive device […]