The Assistive Device Lemon Law became effective in NM on July 1, 1998 and helps protect people with disabilities from getting stuck with an assistive device that is a “lemon.”

For a device to qualify as a “lemon,” the AT must have been repaired: 4 times or must have been out of service for 30 cumulative days. Here are some Frequently Asked Questions (FAQs) about the Assistive Device Lemon Law:

What Devices Does The Law Cover?

The law covers any assistive device used for “a major life activity”, including:

  • Mobility: Manual & motorized wheelchairs, motorized scooters, and motorized wheelchair lifts that allow access to motorized vehicles.
  • Communication: Hearing aids, telephone communication devices for the deaf, assistive listening devices, and other aids that enhance a person’s ability to hear.
  • Vision: Voice synthesized or voice-activated computer software, optical scanners, augmentative communication devices, and Braille printers.

How Does The Law Work?

If a device doesn’t function and it is still under warranty:

The consumer is responsible for:

  1. Reporting it to the manufacturer, dealer, or lessor (whomever the consumer purchased the device from), and
  2. Making the device available for repair during the warranty period (by mailing it, delivering it, etc.)

The manufacturer is responsible for:

  1. Repairing the device at no charge to the consumer.

What If the Device Isn’t Repaired by the Manufacturer?

If the device cannot be repaired by the manufacturer after four (4) attempts or is out of service for a cumulative total of 30 days within the warranty period, then:

The consumer is responsible for:

  1. Notifying the manufacturer.

The manufacturer is responsible for:

  1. Replacing the device with a comparable device at no charge to the consumer, or
  2. Refunding the full purchase price to the consumer, or
  3. Refunding the appropriate proportion of the purchase price to the lessor and the consumer.

What Do I Do If A Manufacturer is Not Complying With The Law?

Contact the Consumer Protection Division of the New Mexico Attorney General’s Office: Santa Fe 505-827-6060, Albuquerque 505-222-9100, Las Cruces 575-526-2280 or 1-800-678-1508.

New Mexico’s Assistive Device Lemon Law

NMTAP is a program of the State of New Mexico Governor’s Commission on Disability, under a grant from the U.S Department of Health and Human Services, Administration on Community Living.