(a)  In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter, plus taxable costs and reasonable attorneys’ fees. For a violation of any of the obligations provided by § 6-45-5(a), whether relative to a refund as described in § 6-45-5(a)(1) or to a replacement as described in § 6-45-5(a)(2), the court shall award damages equal to the greater of:

(1)  Actual damages; or

(2)  The sum of:

(i)  Two (2) times the amount obtained as:

(A)  The amount that should have been refunded under § 6-45-5(a)(1) or that should have been refunded under § 6-45-5(a)(1) had the consumer chosen that option; minus

(B)  The amount that was actually refunded, if any; minus

(C)  The amount, if any, of the difference between the amounts described in clauses (A) and (B) that was attributable to a good faith dispute by the manufacturer as to:

(I)  The amount of collateral costs; or

(II)  The length of a useful life greater than five (5) years in calculating the reasonable allowance for use under § 6-45-5(c) and 6-45-5(d); and

(ii)  The amount described in subsection (a)(2)(i)(C) of this section.

contract signature

Ask a consumer protection question, get an answer ASAP!
Thousands of highly rated, verified consumer protection lawyers.
Help with credit card debt, collections, defective products
Get help with bankruptcy, filing complaints, extended warranties & more
Click here to chat with a lawyer about your rights.

Terms Used In Rhode Island General Laws 6-45-7

  • Assistive technology device: means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve any functional capability of an individual with disabilities. See Rhode Island General Laws 6-45-1
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining another device or service to substitute for the absence, due to a nonconformity or attempt to repair, of the device sold or leased to the consumer, if no loaner was offered to the consumer, except to the extent the person opposing liability for these costs shall prove that incurring these expenses was not reasonable in light of the sophistication of, and the means readily available, to the consumer. See Rhode Island General Laws 6-45-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Manufacturer: means :

    (i)  The person who manufactures or assembles an assistive technology device;

    (ii)  The person who manufactures or assembles a product that becomes a component product of an assistive technology device system, to the extent such product is itself ordinarily an assistive technology device; and

    (iii)  Agents of a person described in subsection (13)(i) or (13)(ii) of this section, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's devices, provided that such agents shall not include, with respect to a particular transaction, the dealer, unless the dealer is also a person described in subsection (13)(i) or (13)(ii) of this section. See Rhode Island General Laws 6-45-1

(b)  Actual damages caused by a violation of this chapter shall include collateral costs, beginning at the time of the violation, whether or not the consumer acquired the rights provided by § 6-45-5(a).

(c)  The remedies of a buyer or lessee described in § 6A-2-715 or § 6A-2.1-520, with respect to an assistive technology device, shall not be excluded or limited.

(d)  The rights and remedies provided to the consumer by this chapter shall be in addition to those available under any other law.

(e)  Any waiver by a consumer of rights under this chapter is void.

History of Section.
P.L. 1995, ch. 222, § 1; P.L. 2014, ch. 528, § 32.