37-16-304. Right to cancel -- return of hearing aid or related device -- notice -- refund. (1) A purchaser of a hearing aid or related device may, for any reason, cancel the sale within 30 days of the date of delivery of the hearing aid or related device by providing written notice to the establishment that employed the licensed hearing aid dispenser at the time the hearing aid was purchased indicating the purchaser's intention not to be bound by the sale contract. The purchaser shall return or hold for the licensed hearing aid dispenser's disposal the hearing aid or related device in substantially the same condition as it was received by the purchaser.
     (2) For the purpose of determining whether cancellation has occurred within 30 days of the date of delivery, written notice:
     (a) given by mail is considered given on the date mailed; and
     (b) delivered in person is considered given when delivered to the hearing aid dispenser's permanent place of business.
     (3) A licensed hearing aid dispenser shall refund to the purchaser the amount paid for the hearing aid or related device minus the dispensing fee within 10 days of receipt of written notice of cancellation. For the purposes of this section, the dispensing fee may not exceed the actual cost of dispensing the hearing aid or related device to the purchaser. This cost must be substantiated by the dispenser, and regardless of the length of the trial period, the dispensing fee may not exceed 15% of the total cost of the hearing aid or related device. The licensed hearing aid dispenser shall also return any goods traded in contemplation of the sale, less any costs incurred by the licensee in making the goods ready for resale.
     (4) A licensed hearing aid dispenser may not sell a hearing aid in this state unless the seller provides the buyer with written notice of the 30-day trial period and money-back guarantee.
     (5) If the hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day period must be suspended for each day that the hearing aid is not in the purchaser's possession. The provisions of this subsection may not be waived.

     History: En. Sec. 10, Ch. 155, L. 1991; amd. Sec. 20, Ch. 481, L. 1997.