148.5198 RESTRICTION ON SALE OF HEARING AIDS.
Subdivision 1. 45-calendar-day guarantee and buyer right to cancel.
(a) An audiologist or
certified dispenser dispensing a hearing aid in this state must comply with paragraphs (b) and (c).
(b) The audiologist or certified dispenser must provide the buyer with a 45-calendar-day
written money-back guarantee. The guarantee must permit the buyer to cancel the purchase for
any reason within 45 calendar days after receiving the hearing aid by giving or mailing written
notice of cancellation to the audiologist or certified dispenser. If the buyer mails the notice of
cancellation, the 45-calendar-day period is counted using the postmark date, to the date of receipt
by the audiologist or certified dispenser. If the hearing aid must be repaired, remade, or adjusted
during the 45-calendar-day money-back guarantee period, the running of the 45-calendar-day
period is suspended one day for each 24-hour period that the hearing aid is not in the buyer's
possession. A repaired, remade, or adjusted hearing aid must be claimed by the buyer within three
business days after notification of availability, after which time the running of the 45-calendar-day
period resumes. The guarantee must entitle the buyer, upon cancellation, to receive a refund of
payment within 30 days of return of the hearing aid to the audiologist or certified dispenser. The
audiologist or certified dispenser may retain as a cancellation fee no more than $250 of the
buyer's total purchase price of the hearing aid.
(c) The audiologist or certified dispenser shall provide the buyer with a contract written in
plain English, that contains uniform language and provisions that meet the requirements under
the Plain Language Contract Act, sections
. The contract must include, but
is not limited to, the following: 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: "MINNESOTA STATE LAW GIVES THE BUYER THE
RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO
MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID(S).
THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN OR MAILED TO
THE AUDIOLOGIST OR CERTIFIED DISPENSER. IF THE BUYER DECIDES TO RETURN
THE HEARING AID(S) WITHIN THIS 45-CALENDAR-DAY PERIOD, THE BUYER WILL
RECEIVE A REFUND OF THE TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH
THE AUDIOLOGIST OR CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION
FEE NO MORE THAN $250."
Subd. 2. Itemized repair bill.
Any audiologist, certified dispenser, or company who agrees
to repair a hearing aid must provide the owner of the hearing aid, or the owner's representative,
with a bill that describes the repair and services rendered. The bill must also include the repairing
audiologist's, certified dispenser's, or company's name, address, and telephone number.
This subdivision does not apply to an audiologist, certified dispenser, or company that repairs
a hearing aid pursuant to an express warranty covering the entire hearing aid and the warranty
covers the entire cost, both parts and labor, of the repair.
Subd. 3. Repair warranty.
Any guarantee of hearing aid repairs must be in writing and
delivered to the owner of the hearing aid, or the owner's representative, stating the repairing
audiologist's, certified dispenser's, or company's name, address, telephone number, length of
guarantee, model, and serial number of the hearing aid and all other terms and conditions of
Subd. 4. Misdemeanor.
A person found to have violated this section is guilty of a
Subd. 5. Additional.
In addition to the penalty provided in subdivision 4, a person found to
have violated this section is subject to the penalties and remedies provided in section
Subd. 6. Estimates.
Upon the request of the owner of a hearing aid or the owner's
representative for a written estimate and prior to the commencement of repairs, a repairing
audiologist, certified dispenser, or company shall provide the customer with a written estimate
of the price of repairs. If a repairing audiologist, certified dispenser, or company provides a
written estimate of the price of repairs, it must not charge more than the total price stated in
the estimate for the repairs. If the repairing audiologist, certified dispenser, or company after
commencing repairs determines that additional work is necessary to accomplish repairs that
are the subject of a written estimate and if the repairing audiologist, certified dispenser, or
company did not unreasonably fail to disclose the possible need for the additional work when the
estimate was made, the repairing audiologist, certified dispenser, or company may charge more
than the estimate for the repairs if the repairing audiologist, certified dispenser, or company
immediately provides the owner or owner's representative a revised written estimate pursuant
to this section and receives authorization to continue with the repairs. If continuation of the
repairs is not authorized, the repairing audiologist, certified dispenser, or company shall return the
hearing aid as close as possible to its former condition and shall release the hearing aid to the
owner or owner's representative upon payment of charges for repairs actually performed and not
in excess of the original estimate.
History: 2005 c 147 art 7 s 10