Right to alternate arbitration - Construction of act - Waiver - Actions for damages.

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A. Each consumer shall have the option of submitting any dispute arising under the Defective Assistive Device Act to alternate arbitration, and all manufacturers shall submit to such alternate arbitration pursuant to the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes.

B. The Defective Assistive Device Act shall not be construed to limit rights or remedies available to a consumer under any other law.

C. Any waiver by a consumer of rights under this section is void.

D. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the Defective Assistive Device Act. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate.

Added by Laws 1996, c. 31, § 6, eff. Nov. 1, 1996.


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