By Bob Katzen
The Senate 39-0, approved and sent to the House a bill that would strengthen consumer protections for wheelchair users. Current state law does not set any timeline for assessing repairs, does not require dealers to offer wheelchairs on loan within a fixed time period and only requires customized wheelchairs to come with express warranties.
Provisions of the bill include requiring that wheelchair manufacturers, lessors and dealers provide customers with written notification of the warranty for their wheelchairs; increasing the minimum duration for any warranty from one year to two years; mandating that if an in-warranty wheelchair stops functioning, manufacturers, lessors and dealers must assess the wheelchair within three days, provide a temporary wheelchair on loan within four days and cover any other costs to the user; and authorizing the attorney general and consumers to bring legal actions against any violation of provisions protecting wheelchair users from unfair and deceptive business practices relating to warranty-fulfillment.
Supporters said wheelchair repairs pose substantial problems for people with physical disabilities. They noted that it is not uncommon for those who use wheelchairs to wait for weeks for repairs. This leaves these individuals stranded at home and unable to go to work, school, medical appointments, grocery shopping or elsewhere. This creates a crisis for individuals and families and often exacerbates other health conditions. Existing state law does not set any timeline for assessing repairs or require dealers to offer wheelchairs on loan within a fixed time period.
“Wheelchair users in Massachusetts with broken chairs can wait weeks or months for repairs because the law today provides inadequate consumer protections in a consolidated, uncompetitive market,” said sponsor Sen. John Cronin (D-Fitchburg). “This bill allows wheelchair users to regain their mobility, their independence and their dignity by requiring timely repair service.”
“Today the Senate took action to give individuals who use wheelchairs the protections they deserve,” said Senate President Karen Spilka (D-Ashland). “If a wheelchair breaks down, a user should be able to get it fixed and get back to their daily life as soon as possible, and the commonwealth of Massachusetts should have every user’s back.”
“I’m delighted the Senate took the lead on this highly empowering legislation,” said Sen. Mike Rodrigues (D-Westport) Chair of the Senate Committee on Ways and Means. “Not only does this bill provide uniformity with neighboring states on wheelchair warranties, but it effectively expedites repair time and mandates a solid reimbursement safety net. It’s a big win for wheelchair users across the commonwealth.”
(A “Yes” vote is for the bill.)