Electric Mobility has agreed to pay more $225,000 in fees and consumer redress after an investigation by the state of New Jersey. The company also agreed that it distributors will prominently state the conditions under which Medicare is likely to pay some or all of the purchase cost of a motorized wheelchair.
The company also agreed to clearly disclose the requirements for transporting the scooter in the consumer's personal vehicle, including the need to disassemble the device or to use a ramp or other accessory that must be purchased separately.
In the agreement with Attorney General David Samon, Electric Mobility also agreed that it will:
- Refrain from representing that a particular scooter is appropriate for an individual consumer unless the salesperson has received appropriate training to make such a recommendation;
- Refrain from processing an order based on Medicare reimbursement unless the consumer has a prescription or certificate of medical necessity or unless the consumer has waived in writing his right to file a Medicare claim;
- Instruct its salespeople that they are not to continue with a sales presentation after a consumer has asked them to leave the premises;
- Deliver its products in the time frame promised by the sales representative. If it cannot do so, it will notify the customer and, if the new delivery date is more than three weeks after the original date promised, give the customer the opportunity to cancel the order.
- Clearly identify used or refurbished merchandise; and
- Respond to consumers' telephone or electronic messages regarding refunds or returns within two business days.
"Under the terms of the agreement, Electric Mobility will work to ensure that New Jersey laws are being obeyed and that during sales presentations company representatives are making clear and conspicuous disclosures to consumers," New Jersey Consumer Affairs Director Reni Erdos said.