Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 495-H.F.No. 2559 
           An act relating to commerce; regulating sales and 
          repair of hearing aids; amending Minnesota Statutes 
          1986, section 145.43, subdivision 1a, and by adding a 
          subdivision; Minnesota Statutes 1987 Supplement, 
          section 145.43, subdivision 4.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 145.43, 
subdivision 1a, is amended 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 the first 30 days after receiving during which the buyer 
has possession of 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 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 canceled hearing aid so long as this cancellation fee 
does an amount not to 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 
boldface type:  THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE 
FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 30TH 
CALENDAR DAY OF THE BUYER'S ACTUAL POSSESSION OF THE HEARING 
AID(S) AFTER INITIAL RECEIPT OF THE HEARING AID(S).  IF THIS 
PURCHASE IS CANCELED, THE BUYER WILL RECEIVE THE SUM OF $.....  
    Sec. 2.  Minnesota Statutes 1987 Supplement, section 
145.43, subdivision 4, is amended to read:  
    Subd. 4.  [ITEMIZED REPAIR BILL.] (a) Any person or company 
who agrees to repair a hearing aid must provide the 
customer owner of the hearing aid with a billing that 
specifically itemizes all parts and labor charges for services 
rendered.  The bill must also include the person's or company's 
name, address, and phone number. 
    (b) This subdivision does not apply to: 
    (1) a person or company that repairs a hearing aid pursuant 
to an express warranty covering the entire hearing aid and the 
warranty covers the entire costs, both parts and labor, of the 
repair; and 
    (2) a person or company that repairs a hearing aid and the 
repair is expressly warranted for the entire hearing aid for a 
period of at least one year six months, the warranty covers the 
entire costs, both parts and labor, of the repair, and a copy of 
the express warranty is given to the customer. 
    Sec. 3.  Minnesota Statutes 1986, section 145.43, is 
amended by adding a subdivision to read: 
    Subd. 5.  [REPAIR WARRANTY.] Any guarantee of hearing aid 
repairs must be in writing and delivered to the owner of the 
hearing aid stating the repairer's name, address, telephone 
number, length of guarantee, model, and serial number of the 
hearing aid and all other terms and conditions of the guarantee. 
    Approved April 12, 1988