ASSISTIVE TECHNOLOGY WARRANTY ACT
FACT SHEET

What is the Assistive Technology Warranty Act (ATWA)?

• The ATWA requires that a manufacturer who sells or leases a new assistive device to a consumer, either directly or through a dealer or lessor, provide the consumer with an express warranty to preserve or maintain the utility or performance of the assistive device.
  
• The warranty must be for at least a one (1) year period.

• If a manufacturer fails to provide the express warranty, one will be imposed under the ATWA.

What and who is covered under the Assistive Technology Warranty Act?

• Assistive devices covered under the ATWA include items, pieces of equipment or product systems used to increase, maintain or improve the functional capabilities of individuals with disabilities.
  

• Anyone with a disability in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself or working is covered under the ATWA.
  
  

When is a consumer covered under the Assistive Technology Warranty Act?

A consumer who owns or leases an assistive device is covered under the ATWA when the manufacturer:

• has refused to repair or replace the nonfunctioning device.
  
• has refused to provide a refund or assistive device replacement after the manufacturer made a reasonable attempt to repair it which failed.
  
• has refused to provide for either a replacement assistive device or a rental assistive device reimbursement during warranty repairs that are either longer than ten (10) days or have been done at least twice before.
  
  

What can a consumer do when the manufacturer of an assistive device has refused to
* repair or replace it
* provide a refund or replacement after a failed attempt to repair it, or
* replace it or provide a reimbursement for a rental during warranty repairs?

A consumer may bring an action in district court to recover for any damages caused by a violation of the ATWA

Who can a consumer contact for more information?

A consumer can contact the following agencies for more information or assistance:

Co-Ad, Inc.



This document was developed by staff of Comprehensive Advocacy, Inc. and funded by federal grants. It does not necessarily reflect the views of Co-Ad, Inc.'s funding sources. This document is not to be considered legal advice and the reader should review current law before acting on any information in this document. Completed 9/99