From the site Consumer's Union Site
THE GENERAL ASSEMBLY OF PENNSYLVANIA
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HOUSE BILL
No. 1817 Session of 1999
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INTRODUCED BY ROONEY, GEORGE, SCHULER, WILT, BELARDI, MASLAND,
PISTELLA, SOLOBAY, SHANER, BELFANTI, READSHAW, CORRIGAN,
FREEMAN, DALEY, PETRARCA, LAUGHLIN, GRUCELA, WALKO,
WOJNAROSKI, SEYFERT, STABACK, McCALL, BISHOP, JOSEPHS,
SERAFINI, TRELLO, MELIO, YOUNGBLOOD, HARHAI, TRAVAGLIO AND
RAMOS, AUGUST 30, 1999
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REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 30, 1999
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AN ACT
1 Providing for rights of purchasers of defective computer
2 devices, for protection from warranty abuses and effective
3 warranty repairs; imposing certain recordkeeping
4 requirements; and establishing a right of action.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Computer
9 Lemon Law.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Brand new computer." A computer device which is recently
15 assembled, unused and contains no reconditioned parts.
16 "Computer device." A central processing unit or terminal
17 display screen, including all circuitry and connective devices,
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1 a printer, modem, scanner or other device used with a computer
2 or any programming for a computer, whether preinstalled or
3 purchased separately.
4 "Date of sale or lease." The date when a computer device is
5 first delivered to a purchaser.
6 "Manufacturer." A person or for-profit entity engaged in the
7 business of manufacturing or assembling computers or computer
8 software or accessories.
9 "Nonconformity." A defect, condition or malfunction which
10 impairs the use of a computer device or causes it to operate in
11 a manner not intended.
12 "Notice." The means by which a purchaser advises a
13 manufacturer of a nonconformity, whether transmitted by any of
14 the following: certified mail, registered mail, return receipt
15 requested, facsimile transmission, electronic, e-mail or any
16 means provided for in the manufacturer's warranty or service
17 materials.
18 "Purchaser." A person who is a resident or temporary
19 resident of this Commonwealth or business entity that has fewer
20 than 30 personal computers acting either in concert with a
21 network or as stand-alone machines and who obtains a computer
22 device by lease, retail sale, Internet sale, gift, special
23 contract or other transaction, whether delivered or currently
24 located in this Commonwealth.
25 Section 3. Notice to purchaser.
26 (a) Statement of purchaser's rights.--A purchaser shall be
27 provided at the time of sale or lease with an accurate statement
28 of the purchaser's rights established by this act in 14-point
29 boldface type. The manufacturer shall secure from the purchaser
30 a signed acknowledgment that the rights have been explained and
19990H1817B2226 - 2 -
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1 are understood. Unless a signed acknowledgment of rights is
2 secured, the time limits specified in section 4 shall be tolled.
3 (b) Disclosure of programs.--At the time of sale, the
4 manufacturer of a computer device must conspicuously disclose
5 the name of all software programs and or combinations of
6 programs, by version number, which will cause or may be likely
7 to cause, operating problems with the device. It shall be the
8 burden of the manufacturer to prove in any claim brought under
9 this act that such disclosure was made.
10 Section 4. Coverage and coverage period.
11 (a) Right to repair.--A purchaser of a computer device shall
12 be entitled to effective repairs by the manufacturer for any
13 nonconformity which shall arise during the first 24 months of
14 use, at no cost to the purchaser, except that if the
15 manufacturer has issued a warranty or service contract, the
16 coverage period shall be the greater of the term specified in
17 the warranty or service contract or 24 months from the date of
18 purchase.
19 (b) Manufacturer duty to repair.--
20 (1) Within five business days after receiving notice
21 from a purchaser of a nonconformity, plus reasonable time for
22 shipping of not more than three business days, the
23 manufacturer shall repair any computer device and return it
24 to the purchaser as follows:
25 (i) If onsite service is provided for in the
26 warranty, repairs shall be made at the purchaser's
27 location without charge.
28 (ii) If onsite service is not specified in the
29 warranty, the manufacturer shall arrange and pay for the
30 cost of shipping from the purchaser's location.
19990H1817B2226 - 3 -
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1 (iii) A purchaser who at the manufacturer's
2 direction conducts diagnostic, troubleshooting or
3 attempted repairs, including, but not limited to, partial
4 disassembly, shall for the purposes of this act be
5 considered the same as if the repairs were attempted by
6 the manufacturer itself.
7 (iv) All repairs shall be guaranteed by the
8 manufacturer for a term of two years.
9 (c) Second opportunity for repair.--If the repair is
10 ineffective, the manufacturer shall, upon notice from the
11 consumer, have a second opportunity to make an effective repair
12 at the purchaser's physical location, provided that the repair
13 is completed within three business days. The purchaser shall not
14 be required to ship the unit back to the manufacturer for the
15 final repair opportunity regardless of the manufacturer's
16 willingness to pay for the cost of same.
17 (d) Right to refund.--
18 (1) If the second repair is ineffective or if the
19 manufacturer fails to timely respond to the purchaser as
20 required under this section, the purchaser may elect:
21 (i) a refund of the full purchase price paid at the
22 time of sale or the full value of the lease, as the case
23 may be, plus finance and collateral charges; or
24 (ii) delivery of a brand new computer device from
25 the manufacturer, of equal or greater value than the
26 original price paid at the time of acquisition, without
27 charge or offset for use.
28 (2) If more than one nonconformity has been subject to
29 repair, no second repair attempt shall be required before
30 seeking the remedies provided in this act.
19990H1817B2226 - 4 -
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1 (e) Return of unrepaired computer device.--A manufacturer
2 may, at its discretion, request return of the unrepaired
3 computer device at cost, if the manufacturer has replaced the
4 unit or refunded the purchase price.
5 (f) Resale prohibited.--No computer device returned under
6 this section may be resold in this Commonwealth. A violation of
7 this subsection shall be a violation of the act of December 17,
8 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
9 Consumer Protection Law, entitling any subsequent purchaser to
10 treble the purchase price paid by that purchaser.
11 (g) Breach of warranty.--Notwithstanding subsections (e) and
12 (f), a manufacturer who refuses to honor the terms of any
13 warranty booklet or materials delivered to the purchaser at,
14 prior to or after the delivery of the computer device shall be
15 in violation of the Unfair Trade Practices and Consumer
16 Protection Law, entitling the purchaser to treble the purchase
17 price paid for the device.
18 Section 5. Recordkeeping.
19 A manufacturer shall retain records of all contacts,
20 communications, notice transmissions or customer service
21 dialogues between itself and a purchaser and shall maintain a
22 list, by serial number, of all refunds or replacements made
23 pursuant to this act. Copies shall be made available to the
24 purchaser upon demand, regardless of whether the manufacturer
25 utilizes the services of a third party to manage purchaser
26 claims. Failure to comply with this section shall be a violation
27 of the act of December 17, 1968 (P.L.1224, No.387), known as the
28 Unfair Trade Practices and Consumer Protection Law, entitling
29 the purchaser to treble the purchase price paid for the device.
30 Section 6. Civil actions.
19990H1817B2226 - 5 -
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1 (a) Right of action.--If the manufacturer of a computer
2 device violates any provision of this act, the purchaser may
3 initiate an action to recover as damages any and all remedies
4 specified in section 4.
5 (b) Additional award.--In addition to refund or replacement
6 of the computer device under section 4, a prevailing purchaser
7 shall be entitled to the following:
8 (1) $1,500, if judgment is obtained from a district
9 justice or municipal court judge;
10 (2) $3,000, if judgment is obtained from a common pleas
11 court panel of arbitration; or
12 (3) $6,000, if judgment is obtained from a common pleas
13 court.
14 (c) Corporate witness.--If a purchaser initiates an action
15 in this Commonwealth for a violation of this act, the
16 manufacturer shall produce at each and every court proceeding in
17 such action a corporate representative who shall be fully aware
18 of the facts and circumstances of the case and have available
19 for the court's review a copy of all data generated under the
20 provisions of this section.
21 Section 7. Attorney fees.
22 If a purchaser prevails in a claim under this act, the
23 manufacturer shall pay the purchaser's reasonable attorney fees,
24 costs and expert expenses in resolving and, if necessary,
25 litigating an action under section 6, regardless of the cost of
26 the computer device.
27 Section 8. Prohibited defenses.
28 It shall not be a defense under this act that a nonconformity
29 was caused by a software programming problem:
30 (1) If the software was preinstalled by the
19990H1817B2226 - 6 -
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1 manufacturer.
2 (2) Unless the manufacturer produces an expert witness
3 at the proceedings who examined the computer device and can
4 specify the exact cause and correction of the problem.
5 (3) Unless the manufacturer has strictly complied with
6 the notice provisions of section 3(b).
7 Section 9. Expert witness.
8 A purchaser who seeks relief under this act shall not be
9 required to retain the opinion of an expert to prevail against a
10 manufacturer under any circumstances.
11 Section 10. Application of Unfair Trade Practices and Consumer
12 Protection Law.
13 A violation of any provision of this act shall also be a
14 violation of the act of December 17, 1968 (P.L.1224, No.387),
15 known as the Unfair Trade Practices and Consumer Protection Law.
16 Section 11. Rights preserved.
17 Nothing in this act shall limit the purchaser from pursuing
18 any other rights or remedies under any other law, contract or
19 warranty.
20 Section 12. Nonwaiver of act.
21 The provisions of this act may not be waived by a purchaser.
22 Section 13. Applicability.
23 This act shall apply to all computer devices purchased,
24 leased or delivered to a purchaser after the effective date of
25 this act.
26 Section 14. Effective date.
27 This act shall take effect in 60 days.
H19L12DMS/19990H1817B2226 - 7 -
State of Illinois
91st General Assembly
Legislation
[ Search ] [ Legislation ]
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------------------------------------------------------------------------
91_HB4122
LRB9111512STpc
1 AN ACT concerning protection of purchasers of defective
2 computer equipment.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Computer Lemon Act.
7 Section 5. Definitions. In this Act:
8 "Brand new computer" means a computer device which has
9 been recently assembled, is unused, and contains no
10 reconditioned parts.
11 "Computer device" means a central processing unit or
12 terminal display screen, including all circuitry and
13 connective devices; a printer; a modem; a scanner; or any
14 other device used with a computer or any programming for a
15 computer, whether preinstalled or purchased separately.
16 "Date of sale or lease" means the date when a computer
17 device is first delivered to a purchaser.
18 "Manufacturer" means a person or for-profit entity
19 engaged in the business of manufacturing or assembling
20 computers or computer software or accessories.
21 "Nonconformity" means a defect, condition, or malfunction
22 that impairs the use of a computer device or causes it to
23 operate in a manner not intended.
24 "Notice" means the means by which a purchaser advises a
25 manufacturer of a nonconformity. Notice may be transmitted
26 by any of the following means: by certified or registered
27 mail, return receipt requested; by facsimile transmission;
28 electronically; by e-mail; any means provided for in the
29 manufacturer's warranty or service materials.
30 "Purchaser" means a person who is a resident or temporary
31 resident of the State of Illinois or a business entity that
-2- LRB9111512STpc
1 has fewer than 30 personal computers acting either in concert
2 with a network or as stand-alone machines and who obtains a
3 computer device by lease, retail sale, internet sale, gift,
4 special contract, or other transaction, whether delivered or
5 currently located in this State.
6 Section 10. Notice to purchaser.
7 (a) At the time of sale or lease of a computer device, a
8 purchaser must be provided an accurate written statement of
9 the purchaser's rights established by this Act. The statement
10 must be printed in 14-point boldface type. The manufacturer
11 must secure from the purchaser a signed acknowledgment that
12 the manufacturer has explained to the purchaser his or her
13 rights and that the purchaser understands those rights.
14 Unless a signed acknowledgment of rights is secured, the time
15 limits specified in Section 15 must be tolled.
16 (b) At the time of sale of a computer device, the
17 manufacturer must conspicuously disclose the name and version
18 number of all software programs or combinations of programs
19 that will or may be likely to cause operating problems with
20 the computer device. In any action brought under this Act,
21 when there is a claim that such a disclosure was not made,
22 the burden is on the manufacturer to prove that such a
23 disclosure was made.
24 Section 15. Coverage and coverage period.
25 (a) A purchaser of a computer device is entitled to
26 effective repairs by the manufacturer for any nonconformity
27 that arises during the first 24 months of use, at no cost to
28 the purchaser. However, if the manufacturer has issued a
29 warranty or service contract, the coverage period must be the
30 greater of (i) the term specified in the warranty or service
31 contract or (ii) 24 months from the date of purchase.
32 (b) Within 5 business days after receiving notice from a
-3- LRB9111512STpc
1 purchaser of a nonconformity, plus reasonable time for
2 shipping of not more than 3 business days, the manufacturer
3 must repair any computer device and return it to the
4 purchaser subject to the following conditions:
5 (1) If on-site service is provided for in the
6 warranty, repairs must be made at the purchaser's
7 location without charge.
8 (2) If on-site service is not provided for in the
9 warranty, the manufacturer must arrange and pay for the
10 cost of shipping from the purchaser's location.
11 (3) If on-site service is conducted by the
12 purchaser, who, at the manufacturer's direction, performs
13 diagnostic tests or troubleshooting procedures or
14 attempts repairs, including but not limited to partial
15 disassembly, the service is considered to be conducted by
16 the manufacturer.
17 (4) All repairs must be guaranteed by the
18 manufacturer for a term of 2 years.
19 (c) If the repair is ineffective, the manufacturer must
20 have, upon notice from the purchaser, a second opportunity to
21 make an effective repair at the purchaser's physical
22 location, provided that the repair is completed within 3
23 business days. The manufacturer may not require the purchaser
24 to ship the unit back to the manufacturer for the final
25 repair opportunity regardless of the manufacturer's
26 willingness to pay for shipping costs.
27 (d) If the second repair is ineffective or if the
28 manufacturer fails to timely respond to the purchaser as
29 required under this Section, the purchaser may elect to do
30 either of the following:
31 (1) Receive from the manufacturer a refund of the
32 full purchase price paid at the time of sale or the full
33 value of the lease, as the case may be, plus finance and
34 collateral charges.
-4- LRB9111512STpc
1 (2) Receive from the manufacturer delivery of a
2 brand new computer device of equal or greater value than
3 the original price paid at the time of acquisition,
4 without charge or offset for use.
5 If more than one nonconformity has been subject to
6 repair, no second repair attempt is required before the
7 purchaser may seek the remedies provided in this Act.
8 (e) A manufacturer may, at its discretion, request
9 return of the unrepaired computer device at cost, if the
10 manufacturer has replaced the unit or refunded the purchase
11 price.
12 (f) No computer device returned in accordance with this
13 Section may be resold in this State. A violation of this
14 subsection is a violation of the Consumer Fraud and Deceptive
15 Business Practices Act, and in addition to remedies provided
16 by that Act, any subsequent purchaser is entitled to damages
17 in the amount of treble the purchase price paid by that
18 purchaser for the device.
19 (g) Notwithstanding subsections (e) and (f), a
20 manufacturer who refuses to honor the terms of any warranty
21 booklet or materials delivered to the purchaser at, prior to,
22 or after the delivery of the computer device is in violation
23 of the Consumer Fraud and Deceptive Business Practices Act,
24 and in addition to remedies provided by that Act, the
25 original purchaser is entitled to damages in the amount of
26 treble the purchase price paid by that purchaser for the
27 device.
28 Section 20. Records. A manufacturer must retain records
29 of all contacts, communications, notice transmissions, or
30 customer service dialogues between itself and a purchaser and
31 must maintain a list, by serial number, of all refunds or
32 replacements made under this Act. Copies must be made
33 available to the purchaser upon demand, regardless of whether
-5- LRB9111512STpc
1 the manufacturer uses the services of a third party to manage
2 purchaser claims. Failure to comply with this Section is a
3 violation of the Consumer Fraud and Deceptive Business
4 Practices Act, and in addition to remedies provided by that
5 Act, the original purchaser is entitled to damages in the
6 amount of treble the purchase price paid by that purchaser
7 for the device.
8 Section 25. Civil actions.
9 (a) If the manufacturer of a computer device violates
10 any provision of this Act, the purchaser may initiate a civil
11 action to recover as damages any and all remedies specified
12 in this Act.
13 (b) In addition to refund or replacement of the computer
14 device under Section 15, a prevailing purchaser is entitled
15 to an additional award of $6,000.
16 (c) If a purchaser initiates an action in this State for
17 a violation of this Act, the manufacturer must produce at
18 each and every court proceeding in that action a corporate
19 representative who is fully aware of the facts and
20 circumstances of the case and has available for the court's
21 review a copy of all records required by Section 20.
22 Section 30. Attorney fees. If a purchaser prevails in a
23 claim under this Act, the manufacturer must pay the
24 purchaser's reasonable attorney fees, costs, and expert
25 expenses in resolving and, if necessary, litigating an action
26 under Section 25, regardless of the cost of the computer
27 device.
28 Section 35. Prohibited defenses. It is not a defense
29 under this Act that a nonconformity was caused by a software
30 programming problem under the following conditions:
31 (1) If the software was preinstalled by the
-6- LRB9111512STpc
1 manufacturer.
2 (2) Unless the manufacturer produces an expert
3 witness at the proceedings who examined the computer
4 device and can specify the exact cause and correction of
5 the problem.
6 (3) Unless the manufacturer has strictly complied
7 with the notice provisions of subsection (b) of Section
8 10.
9 Section 40. Expert witness. A purchaser who seeks relief
10 under this Act must not under any circumstances be required
11 to retain the opinion of an expert to prevail against a
12 manufacturer.
13 Section 45. Application of the Consumer Fraud and
14 Deceptive Business Practices Act. A violation of any
15 provision of this Act is also a violation of the Consumer
16 Fraud and Deceptive Business Practices Act.
17 Section 50. Rights preserved. Nothing in this Act limits
18 the purchaser from pursuing any other rights or remedies
19 under any other law, contract, or warranty.
20 Section 55. Nonwaiver of this Act. The provisions of
21 this Act may not be waived by a purchaser.
22 Section 60. Applicability. This Act applies to all
23 computer devices purchased, leased, or delivered to a
24 purchaser on or after the effective date of this Act.
25 Section 90. The Consumer Fraud and Deceptive Business
26 Practices Act is amended by changing Section 2Z as follows:
27 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
-7- LRB9111512STpc
1 Sec. 2Z. Violations of other Acts. Any person who
2 knowingly violates the Computer Lemon Act, the Automotive
3 Repair Act, the Home Repair and Remodeling Act, the Dance
4 Studio Act, the Physical Fitness Services Act, the Hearing
5 Instrument Consumer Protection Act, the Illinois Union Label
6 Act, the Job Referral and Job Listing Services Consumer
7 Protection Act, the Travel Promotion Consumer Protection Act,
8 the Credit Services Organizations Act, the Automatic
9 Telephone Dialers Act, the Pay-Per-Call Services Consumer
10 Protection Act, the Telephone Solicitations Act, the Illinois
11 Funeral or Burial Funds Act, the Cemetery Care Act, the Safe
12 and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, or the
13 Electronic Mail Act commits an unlawful practice within the
14 meaning of this Act.
15 (Source: P.A. 90-426, eff. 1-1-98; 91-164, eff. 7-16-99;
16 91-230, eff.1-1-00; 91-233, eff. 1-1-00; revised 8-9-99.)
[ Top ] State of Illinois
91st General Assembly
Legislation
[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
------------------------------------------------------------------------
91_HB4122
LRB9111512STpc
1 AN ACT concerning protection of purchasers of defective
2 computer equipment.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Computer Lemon Act.
7 Section 5. Definitions. In this Act:
8 "Brand new computer" means a computer device which has
9 been recently assembled, is unused, and contains no
10 reconditioned parts.
11 "Computer device" means a central processing unit or
12 terminal display screen, including all circuitry and
13 connective devices; a printer; a modem; a scanner; or any
14 other device used with a computer or any programming for a
15 computer, whether preinstalled or purchased separately.
16 "Date of sale or lease" means the date when a computer
17 device is first delivered to a purchaser.
18 "Manufacturer" means a person or for-profit entity
19 engaged in the business of manufacturing or assembling
20 computers or computer software or accessories.
21 "Nonconformity" means a defect, condition, or malfunction
22 that impairs the use of a computer device or causes it to
23 operate in a manner not intended.
24 "Notice" means the means by which a purchaser advises a
25 manufacturer of a nonconformity. Notice may be transmitted
26 by any of the following means: by certified or registered
27 mail, return receipt requested; by facsimile transmission;
28 electronically; by e-mail; any means provided for in the
29 manufacturer's warranty or service materials.
30 "Purchaser" means a person who is a resident or temporary
31 resident of the State of Illinois or a business entity that
-2- LRB9111512STpc
1 has fewer than 30 personal computers acting either in concert
2 with a network or as stand-alone machines and who obtains a
3 computer device by lease, retail sale, internet sale, gift,
4 special contract, or other transaction, whether delivered or
5 currently located in this State.
6 Section 10. Notice to purchaser.
7 (a) At the time of sale or lease of a computer device, a
8 purchaser must be provided an accurate written statement of
9 the purchaser's rights established by this Act. The statement
10 must be printed in 14-point boldface type. The manufacturer
11 must secure from the purchaser a signed acknowledgment that
12 the manufacturer has explained to the purchaser his or her
13 rights and that the purchaser understands those rights.
14 Unless a signed acknowledgment of rights is secured, the time
15 limits specified in Section 15 must be tolled.
16 (b) At the time of sale of a computer device, the
17 manufacturer must conspicuously disclose the name and version
18 number of all software programs or combinations of programs
19 that will or may be likely to cause operating problems with
20 the computer device. In any action brought under this Act,
21 when there is a claim that such a disclosure was not made,
22 the burden is on the manufacturer to prove that such a
23 disclosure was made.
24 Section 15. Coverage and coverage period.
25 (a) A purchaser of a computer device is entitled to
26 effective repairs by the manufacturer for any nonconformity
27 that arises during the first 24 months of use, at no cost to
28 the purchaser. However, if the manufacturer has issued a
29 warranty or service contract, the coverage period must be the
30 greater of (i) the term specified in the warranty or service
31 contract or (ii) 24 months from the date of purchase.
32 (b) Within 5 business days after receiving notice from a
-3- LRB9111512STpc
1 purchaser of a nonconformity, plus reasonable time for
2 shipping of not more than 3 business days, the manufacturer
3 must repair any computer device and return it to the
4 purchaser subject to the following conditions:
5 (1) If on-site service is provided for in the
6 warranty, repairs must be made at the purchaser's
7 location without charge.
8 (2) If on-site service is not provided for in the
9 warranty, the manufacturer must arrange and pay for the
10 cost of shipping from the purchaser's location.
11 (3) If on-site service is conducted by the
12 purchaser, who, at the manufacturer's direction, performs
13 diagnostic tests or troubleshooting procedures or
14 attempts repairs, including but not limited to partial
15 disassembly, the service is considered to be conducted by
16 the manufacturer.
17 (4) All repairs must be guaranteed by the
18 manufacturer for a term of 2 years.
19 (c) If the repair is ineffective, the manufacturer must
20 have, upon notice from the purchaser, a second opportunity to
21 make an effective repair at the purchaser's physical
22 location, provided that the repair is completed within 3
23 business days. The manufacturer may not require the purchaser
24 to ship the unit back to the manufacturer for the final
25 repair opportunity regardless of the manufacturer's
26 willingness to pay for shipping costs.
27 (d) If the second repair is ineffective or if the
28 manufacturer fails to timely respond to the purchaser as
29 required under this Section, the purchaser may elect to do
30 either of the following:
31 (1) Receive from the manufacturer a refund of the
32 full purchase price paid at the time of sale or the full
33 value of the lease, as the case may be, plus finance and
34 collateral charges.
-4- LRB9111512STpc
1 (2) Receive from the manufacturer delivery of a
2 brand new computer device of equal or greater value than
3 the original price paid at the time of acquisition,
4 without charge or offset for use.
5 If more than one nonconformity has been subject to
6 repair, no second repair attempt is required before the
7 purchaser may seek the remedies provided in this Act.
8 (e) A manufacturer may, at its discretion, request
9 return of the unrepaired computer device at cost, if the
10 manufacturer has replaced the unit or refunded the purchase
11 price.
12 (f) No computer device returned in accordance with this
13 Section may be resold in this State. A violation of this
14 subsection is a violation of the Consumer Fraud and Deceptive
15 Business Practices Act, and in addition to remedies provided
16 by that Act, any subsequent purchaser is entitled to damages
17 in the amount of treble the purchase price paid by that
18 purchaser for the device.
19 (g) Notwithstanding subsections (e) and (f), a
20 manufacturer who refuses to honor the terms of any warranty
21 booklet or materials delivered to the purchaser at, prior to,
22 or after the delivery of the computer device is in violation
23 of the Consumer Fraud and Deceptive Business Practices Act,
24 and in addition to remedies provided by that Act, the
25 original purchaser is entitled to damages in the amount of
26 treble the purchase price paid by that purchaser for the
27 device.
28 Section 20. Records. A manufacturer must retain records
29 of all contacts, communications, notice transmissions, or
30 customer service dialogues between itself and a purchaser and
31 must maintain a list, by serial number, of all refunds or
32 replacements made under this Act. Copies must be made
33 available to the purchaser upon demand, regardless of whether
-5- LRB9111512STpc
1 the manufacturer uses the services of a third party to manage
2 purchaser claims. Failure to comply with this Section is a
3 violation of the Consumer Fraud and Deceptive Business
4 Practices Act, and in addition to remedies provided by that
5 Act, the original purchaser is entitled to damages in the
6 amount of treble the purchase price paid by that purchaser
7 for the device.
8 Section 25. Civil actions.
9 (a) If the manufacturer of a computer device violates
10 any provision of this Act, the purchaser may initiate a civil
11 action to recover as damages any and all remedies specified
12 in this Act.
13 (b) In addition to refund or replacement of the computer
14 device under Section 15, a prevailing purchaser is entitled
15 to an additional award of $6,000.
16 (c) If a purchaser initiates an action in this State for
17 a violation of this Act, the manufacturer must produce at
18 each and every court proceeding in that action a corporate
19 representative who is fully aware of the facts and
20 circumstances of the case and has available for the court's
21 review a copy of all records required by Section 20.
22 Section 30. Attorney fees. If a purchaser prevails in a
23 claim under this Act, the manufacturer must pay the
24 purchaser's reasonable attorney fees, costs, and expert
25 expenses in resolving and, if necessary, litigating an action
26 under Section 25, regardless of the cost of the computer
27 device.
28 Section 35. Prohibited defenses. It is not a defense
29 under this Act that a nonconformity was caused by a software
30 programming problem under the following conditions:
31 (1) If the software was preinstalled by the
-6- LRB9111512STpc
1 manufacturer.
2 (2) Unless the manufacturer produces an expert
3 witness at the proceedings who examined the computer
4 device and can specify the exact cause and correction of
5 the problem.
6 (3) Unless the manufacturer has strictly complied
7 with the notice provisions of subsection (b) of Section
8 10.
9 Section 40. Expert witness. A purchaser who seeks relief
10 under this Act must not under any circumstances be required
11 to retain the opinion of an expert to prevail against a
12 manufacturer.
13 Section 45. Application of the Consumer Fraud and
14 Deceptive Business Practices Act. A violation of any
15 provision of this Act is also a violation of the Consumer
16 Fraud and Deceptive Business Practices Act.
17 Section 50. Rights preserved. Nothing in this Act limits
18 the purchaser from pursuing any other rights or remedies
19 under any other law, contract, or warranty.
20 Section 55. Nonwaiver of this Act. The provisions of
21 this Act may not be waived by a purchaser.
22 Section 60. Applicability. This Act applies to all
23 computer devices purchased, leased, or delivered to a
24 purchaser on or after the effective date of this Act.
25 Section 90. The Consumer Fraud and Deceptive Business
26 Practices Act is amended by changing Section 2Z as follows:
27 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
-7- LRB9111512STpc
1 Sec. 2Z. Violations of other Acts. Any person who
2 knowingly violates the Computer Lemon Act, the Automotive
3 Repair Act, the Home Repair and Remodeling Act, the Dance
4 Studio Act, the Physical Fitness Services Act, the Hearing
5 Instrument Consumer Protection Act, the Illinois Union Label
6 Act, the Job Referral and Job Listing Services Consumer
7 Protection Act, the Travel Promotion Consumer Protection Act,
8 the Credit Services Organizations Act, the Automatic
9 Telephone Dialers Act, the Pay-Per-Call Services Consumer
10 Protection Act, the Telephone Solicitations Act, the Illinois
11 Funeral or Burial Funds Act, the Cemetery Care Act, the Safe
12 and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, or the
13 Electronic Mail Act commits an unlawful practice within the
14 meaning of this Act.
15 (Source: P.A. 90-426, eff. 1-1-98; 91-164, eff. 7-16-99;
16 91-230, eff.1-1-00; 91-233, eff. 1-1-00; revised 8-9-99.)
Analysis of law