HB 2057 -- Computer Lemon Law
This bill requires manufacturers to secure an acknowledgment of
rights signed by the purchaser of a computer device and to
disclose the names of software programs or combinations of
programs that will cause or are likely to cause operating
problems. The purchaser of a computer device is entitled to
effective repairs by the manufacturer for nonconformity during
the first 24 months of use, or if there is a warranty or service
contract, the longer of that contract or 24 months from the
purchase date. The bill establishes procedures and time frames
for notifying the manufacturer of nonconformity, making
effective repairs to the computer device guaranteed for 2 years,
and second opportunities to repair the computer device.
If the second repair is ineffective, the purchaser has the
choice of receiving a full refund or a brand new computer device
of equal or greater value. Any computer device returned for
nonconformity may not be resold in Missouri.
The manufacturer must retain records, including contracts and
communications with purchasers, and maintain a list by serial
number of all refunds or replacements. The bill authorizes an
action by the purchaser to recover damages in addition to a
refund or replacement and pursue available remedies; entitles a
prevailing purchaser to additional damages; and requires the
manufacturer to pay the prevailing purchaser's attorney fees,
costs, and expert expenses, regardless of the cost of the
The purchaser may not waive any of the bill's provisions, which
will apply to all computer devices purchased, leased, or
delivered to a purchaser after August 28, 2000.
Violations of the bill's provisions constitute unlawful
merchandising practices with remedies available in current law.
Missouri House of Representatives' Home Page
Last Updated October 5, 2000 at 11:35 am