Consumer Protection

VIRGINIA ASSISTIVE TECHNOLOGY DEVICE WARRANTIES ACT

This Act gives consumers and additional warranty whenever the consumer purchases an assistive device. An assistive device includes: wheelchairs, hearing aids, and other devices that enhance an individual’s ability to hear, communicate, and be mobile. Va Code Section 59.1-470. 

In addition to any express warranty furnished by the manufacturer of an assistive device, such manufacturer shall also be deemed to have warranted to any consumer purchasing or leasing such device that for a period of one year from delivery that the device will be free from any nonconformity and any nonconformity shall will be repaired by the manufacturer without charge to the consumer. If, after reasonable attempt to repair, any nonconformity is not repaired, the manufacturer shall either accept return of the device and refund the consumer’s costs or replace it. 

A purchaser of a hearing aid is entitled to additional protections under Va. Code 54.1-1505. 
Within thirty days of the date of delivery, the consumer shall be entitled to return the hearing aid for any reason for a replacement or refund. The consumer is entitled to a notice about this right at the time of sale. Any violation of this section is a prohibited practice under the Virginia Consumer Protection Act.

Consumers can make use of the arbitration service administered by the Virginia Office of Consumer Affairs, or file suit for damages caused by any loss due to the manufacturer’s failure to comply with this Act. 


This information has been provided by Jay W. Speer, Attorney at Law, Virginia Poverty Law Center. 

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