From: gtrapp@abq.com
Subject: Assistive Technology Lemon Law
My original post on the issue of an assistive technology lemon law has
generated some interesting comments. However, the postings from Dave
 Andrews and Lynn Schneider come closest to reflecting some of my
concerns.
Dave noted that there are already warranty provisions that come with
assistive technology devices, with those ranging from 90 days to 1 year.
 Lynn Schneider noted that there are already laws which can protect the
rights of consumers.  To these comments, I would like to add the
following comments:
1. The idea of an assistive technology lemon law strikes me as being a
little custodial.  Are we not able to make decisions for ourselves?  Or
do we ned the government to step in and help us?  I agree with Lynn who
said that an informed consumer is the best approach, and that lists such
as this one serve to protect blind persons against defective equipment.
2.  I agree with Dave when he noted that there are already warranty
provisions that are applied to assistive technology devices.  These
warranty provisions are typical of the computer industry.  Why should we
be granted special protection?
3. I also agree with Lynn who said that there are other consumer
protection laws in place.  I have worked on one such case, where a used
wheelchair was sold as new giving rise to an Unfair Trade Practices
claim.  It is also possible to purchase an extended warranty, or to gain
an extended warranty by purchasing with a gold card (sorry, I'm a
 lawyer.)
4. I also think that the blind are in a different position from other
disabilities.  Our technology needs are driven by advances in computers
and software.  However, adaptive software and equipment for the blind
lags about 2 years behind advances in comercial technology and software.
 For instance, only now are screen review programs coming out which will
work with windows 95.  Do we want to place an additional burden on
producers of adaptive devices and software given the current 2 year lag?
For these reasons, I cannot join the rush to embrace the assistive
technology lemmon law.  However, I recognize that the move towards such
laws is supported by large portions of the disability community.  This
support has lead to the adoption of such laws in about half of the
states.  Nevertheless, I do not think that assistive technology lemon
laws will benefit the blind.  I believe that the end result will be more
 expensive adaptive equipment and software, and longer delays in getting
the equipment and software to market.
Thank for the comments,
Greg Trapp
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