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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 418-H.F.No. 1819
           An act relating to health; requiring that hearing aid 
          sellers give buyers a right to cancel their purchase; 
          amending Minnesota Statutes 1982, section 145.43, by 
          adding a subdivision; repealing Minnesota Statutes 
          1982, sections 145.43, subdivision 2; and 145.44.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 145.43, is 
amended by adding a subdivision to read: 
    Subdivision 1a.  [30-DAY GUARANTEE AND BUYER RIGHT TO 
CANCEL.] No person shall sell a hearing aid in this state unless:
    (a) The seller provides the buyer with a 30-day written 
money-back guarantee.  The guarantee must:  
    (1) permit the buyer to cancel the purchase for any reason 
within 30 days after receiving the hearing aid by giving or 
mailing written notice of cancellation to the seller;  
    (2) entitle the buyer, upon cancellation, to receive a full 
refund of his payment within 30 days of return of the hearing 
aid to the seller; provided, however, that the seller may retain 
as a cancellation fee the actual cost of any custom ear molds 
made for the cancelled hearing aid so long as this cancellation 
fee does not exceed ten percent of the buyer's total payment for 
the hearing aid;  
    (b) The seller shall provide a written receipt or contract 
to the buyer which includes, in immediate proximity to the space 
reserved for the signature of the buyer, or on the first page if 
there is no space reserved for the signature of the buyer, a 
clear and conspicuous disclosure of the following specific 
statement in all capital letters of no less than 12 point 
bold-face type:  THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE 
FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 30TH 
CALENDAR DAY AFTER RECEIPT OF THE HEARING AID(S).  
    Sec. 2.  [REPEALER.] 
    Minnesota Statutes 1982, section 145.43, subdivision 2; and 
section 145.44, are repealed. 
    Approved April 22, 1984