AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- CONSUMER ENFORCEMENT OF ASSISTIVE TECHNOLOGY DEVICE WARRANTIES .

Wheelchair owners gain more repair rights

Effective upon passage, Rhode Island law gives owners and independent repair shops access to resources for repairing covered mobility devices. These include wheelchairs, scooters, and other mobility or positioning aids, including motorized positioning features and controls. Manufacturers must provide repair information, parts, embedded software, firmware, tools, and updates. Prices and terms must match their best authorized-repair terms, accounting for discounts, delivery, full functionality, use rights, and added burdens. Repair documents must be free, except for reasonable actual costs to prepare and send printed copies. Tools must be free unless requested in physical form. Manufacturers cannot use parts pairing or similar controls to block working replacement parts, including parts they have not approved. They also cannot reduce device performance, create false or deceptive parts alerts, raise future repair fees, or limit who buys parts or makes repairs. Violations are deceptive trade practices, and the attorney general can seek civil penalties or court orders. For unobtainable, out-of-stock parts, manufacturers avoid penalties only by notifying the customer or repair shop and providing the part within three business days after it becomes available. Contract terms or other materials that waive or limit these rights are void and unenforceable. Trade secrets need only be disclosed as necessary for diagnosis, maintenance, or repair on fair and reasonable terms. The law does not require changes to warranty or recall repair arrangements with authorized repair providers. Manufacturers are not liable for damage or injury caused during owner or independent repairs unless attributable to design or manufacturing defects.