HEARING
AID SALES: What You
Should Know
by
Bradley Newman, Esquire
SeniorLAW Center (“SeniorLAW Center”) provides
free legal representation, advice, information, community
education, outreach, and advocacy for Philadelphia’s senior
citizens, assisting elders with a wide range of legal issues,
including consumer problems.
Recently, SeniorLAW Center has received numerous complaints from
seniors who have bought hearing aids.
Most commonly, our clients complain of no improvement to
their hearing, buzzing sounds, itching, impairment of their
ability to listen on the phone or to television, and the need to
constantly insert and remove the hearing aid depending on the
communication setting. They
become frustrated and often stop using the hearing aid completely.
Some consumers complain that they have spent up to $2,500
on hearing aids without receiving any benefits.
What
can you do to protect your rights when buying a hearing aid?
First, learn what your legal rights are. Then, make sure that the following protections and procedures
set forth in Pennsylvania law are followed when you are making a
hearing aid purchase.
-
Your
Doctor – NOT a Salesperson -- Should Determine if You Need a
Hearing Aid You should get a referral
from a licensed physician that a hearing aid might be useful
before purchasing a hearing aid.
Your hearing problem may be so acute that purchasing a
hearing aid would be useless.
If you do not get a referral and you buy a hearing aid
anyway, the seller must have you sign a medical waiver that is
explained to you and in writing.
The waiver must state they you have been advised that
your best interest would be served if you had a medical
examination by an otologist or otolaryngologist or any
licensed physician before your purchase of a hearing aid.
-
The
Dealer‘s Examination is Not a Medical Diagnosis and They
Must Tell You So! You must be advised at
the outset of the relationship with the dealer that the
examination performed by the dealer is not a diagnosis,
examination, or prescription by a person licensed to practice
medicine and therefore is not a medical opinion.
-
Referral
to a Physician for Certain Conditions The
dealer must suggest that it is in your best interest to see a
physician if the dealer found that you have an existing
condition (such as deformity in ear, dizziness (acute or
chronic), active drainage from the ear within the previous 90
days or history of the symptom, sudden progressive hearing
loss, unilateral hearing loss of sudden or recent onset within
the previous 90 days, visible evidence of cerumen accumulation
or foreign body in the ear canal, significant air-bone gap,
and pain in the ear within the previous 90 days).
The dealer must not sell you the hearing aid unless
you get a written recommendation from a licensed physician
that a hearing aid may be beneficial to you.
-
Get
a Detailed Receipt and Documentation of Your Purchase
You must be given a receipt of the sale stating the
following:
-
date
of sale;
-
make,
serial number and model name or number of hearing
aid;
-
address
of the principal place of business of dealer;
-
statement
that the hearing aid is reconditioned, if so;
-
number
of the registration certificate;
-
terms
of the warranty;
-
copy
of the written medical waiver if no physician referral;
-
statement
that dealer’s hearing test is not a diagnosis;
-
agencies
to contact if your rights are violated;
-
examination
is not a diagnosis, prescription, examination by a licensed
physician.
-
Disclosure
Statement re: Fitting and Fees You must also
receive from the seller a disclosure agreement written in
plain language of what the fitting process does and does not
include and itemization of fees.
The disclosure agreement must be given prior to
the service and shall be signed by the seller and
consumer.
-
Written
30-Day Money Back Guarantee! No hearing
aid shall be sold to any person unless accompanied by a written
30-day money back guarantee.
This is perhaps the most important provision to protect
against being treated unfairly.
The vendor must state in writing that if you return the
hearing aid in the same condition as when purchased within
30 days of the date of delivery (excluding ordinary wear
and tear), you shall be entitled to the refund of the purchase
price of the aid and accessories within 30 days of return of
the hearing aid and accessories.
The dealer may retain as a cancellation fee for return
a charge not to exceed the lesser of 10% of the
purchase price or $150.00.
The
hearing aid law in Pennsylvania is consumer friendly.
However, you must still know and be diligent in protecting
your rights. In general, you should always consult with a physician
before purchasing a hearing aid.
Hearing loss may be a sign of a more serious medical
condition. You should
also make certain that the dealer explains to you thoroughly
how to use the device since it may take several fitting
before receiving optimum results.
Always read what you are signing since you may be
waiving your right to see a licensed physician.
Never sign under pressure or without fully understanding
the terms of an agreement. Assistance
is available; wait until you have consulted with someone who can
help you. Finally, if
you’re having a problem with a hearing aid or medical device,
don’t wait to resolve it! Assert
your rights under a contract or warranty at the earliest moment.
Elders
can discuss a legal problem or get information by calling
SeniorLAW Center’s telephone intake line 215-988-1242 Mondays through
Fridays, 9 a.m. – 1 p.m., or coming to our center city offices, Mondays
through Wednesdays, 9 a.m. – 4 p.m.
Most issues can be addressed initially over the phone.
For general information, please call us at
215-988-1244
or visit our website at www.seniorlawcenter.org.
Bradley
Newman is a former Staff Attorney at SeniorLAW Center.
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