Vermont § 2470 - Remedies

§ 2470. Remedies

• (a) To receive a comparable new assistive device or a refund due under subsection 2468(d) of this title, a consumer shall offer to the manufacturer of the assistive device having the nonconformity
  to transfer possession of that assistive device to that manufacturer. No later than
  30 days after that offer, the manufacturer shall provide the consumer with the comparable
  assistive device or refund. When the manufacturer provides the new assistive device
  or refund, the consumer shall return the assistive device having the nonconformity
  to the manufacturer, along with any endorsements necessary to transfer real possession
  to the manufacturer. (b) To receive a refund due under subsection 2468(d) of this title, a consumer described in subdivision 2467(5)(D) of this title shall offer to return the assistive device having the nonconformity to its manufacturer.
  No later than 30 days after that offer, the manufacturer shall provide the refund
  to the consumer. When the manufacturer provides the refund, the consumer shall return
  to the manufacturer the assistive device having the nonconformity. (c) To receive a refund due under subsection 2468(d) of this title, an assistive device lessor shall offer to transfer possession of the assistive device
  having the nonconformity to its manufacturer. No later than 30 days after that offer,
  the manufacturer shall provide the refund to the assistive device lessor. When the
  manufacturer provides the refund, the assistive device lessor shall provide to the
  manufacturer any endorsements necessary to transfer legal possession to the manufacturer. (d) If the assistive device was a covered benefit under a health insurance policy or health
  benefit plan, then the health insurer or other entity providing the benefit shall
  be subrogated to the consumer’s right of recovery to the extent of the benefit provided. (e) No person shall enforce the lease against the consumer after the consumer offers to
  return the assistive device having the non-conformity pursuant to this section or
  returns the assistive device to the vendor pursuant to this section. (f) No assistive device returned by a consumer or assistive device lessor in this State,
  or by a consumer or assistive device lessor in another state under a similar law of
  that state, may be sold or leased again in this State, unless full written disclosure
  of the reasons for return is made to any prospective buyer or lessee. (g) This subchapter shall not be construed to limit rights or remedies available to a
  consumer under any other law. (h) Any waiver by a consumer of rights under this subchapter is void. (i) A violation of this subchapter or rules adopted under this subchapter is deemed to
  be an unfair or deceptive practice in commerce and a violation of section 2453 of this title. The Attorney General has the same authority to make rules, conduct civil investigations,
  and enter into assurances of discontinuance as provided under subchapter 1 of this
  chapter. (j) A consumer aggrieved by a violation of this subchapter or a violation of rules adopted
  under this subchapter may bring an action in Superior Court for appropriate equitable
  relief, the amount of the consumer’s damages, punitive damages in the case of a willful
  violation, the consideration or the value of the consideration given by the consumer,
  and reasonable costs and attorney’s fees. (Added 1999, No. 104 (Adj. Sess.), § 1.)