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House Journal: Page 391: Monday, March 2, 1998

36   of any penalties that the manufacturer must pay.
37     b.  The nonconformity is the same for which the
38   assistive device has been tendered to the assistive
39   device dealer for repair on at least two previous
40   occasions.
41     2.  The provisions of this section regarding a
42   manufacturer's duty shall apply for the period of the
43   applicable express warranty, or until the date any
44   repair required by the warranty is completed and the
45   assistive device is returned to the consumer with the
46   nonconformity eliminated, whichever is later, even if
47   the assistive device is returned after the end of the
48   warranty period.
49     Sec. 5.  NEW SECTION.  216E.5  NONCONFORMITY
50   DISCLOSURE REQUIREMENT.

Page 6

 1     An assistive device returned by a consumer or
 2   assistive device lessor in this state or any other
 3   state for nonconformity shall not be sold or leased
 4   again in this state unless full written disclosure of
 5   the reason for return is made to any prospective buyer
 6   or lessee by the manufacturer, assistive device
 7   dealer, or assistive device lessor.
 8     Sec. 6.  NEW SECTION.  216E.6  REMEDIES.
 9     1.  This chapter shall not limit rights or remedies
10   available to a consumer under any other law.
11     2.  Any waiver of rights by a consumer under this
12   chapter is void.
13     3.  In addition to pursuing any other remedy, a
14   consumer may bring an action to recover any damages
15   caused by a violation of this chapter.  The court
16   shall award a consumer who prevails in such an action
17   no more than three times the amount of any pecuniary
18   loss, together with costs and reasonable attorney
19   fees, and any equitable relief that the court
20   determines is appropriate.
21     Sec. 7.  NEW SECTION.  216E.7  EXEMPTIONS.
22     This chapter does not apply to a hearing aid sold,
23   leased, or transferred to a consumer by an audiologist
24   licensed under chapter 147, or a hearing aid dealer
25   licensed under chapter 154A, if the audiologist or
26   dealer provides either an express warranty for the
27   hearing aid or provides for service and replacement of
28   the hearing aid."
Amendment H-8027 was adopted, placing out of order amendments
H-1238 and H-1220 filed by Brunkhorst of Bremer on March 18,
1997.
Witt of Black Hawk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.

© 1998 Cornell College and League of Women Voters of Iowa

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