Florida Statutes 484.0512 – Thirty-day trial period; purchaser’s right to cancel; notice; refund; cancellation fee; criminal penalty
Current as of: 2023 | Check for updates
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(1) A person selling a prescription hearing aid in this state must provide the buyer with written notice of a 30-day trial period and money-back guarantee. The guarantee must permit the purchaser to cancel the purchase for a valid reason, as defined by board rule, within 30 days after receiving the prescription hearing aid, by returning the prescription hearing aid or mailing written notice of cancellation to the seller. If the prescription hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended 1 day for each 24-hour period that the prescription hearing aid is not in the purchaser’s possession. A repaired, remade, or adjusted prescription hearing aid must be claimed by the purchaser within 3 working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims the repaired, remade, or adjusted prescription hearing aid or on the fourth day after notification of availability, whichever occurs earlier.
(2) The board, in consultation with the Board of Speech-Language Pathology and Audiology, shall prescribe by rule the terms and conditions to be contained in the money-back guarantee and any exceptions thereto. Such rules must provide, at a minimum, that the charges for earmolds and service provided to fit the prescription hearing aid may be retained by the licensee. The rules must also set forth any reasonable charges to be held by the licensee as a cancellation fee. The terms and conditions of the guarantee, including the total amount available for refund, must be provided in writing to the purchaser before the signing of the contract.
(3) Within 30 days after the return or attempted return of the prescription hearing aid, the seller shall refund all moneys that must be refunded to a purchaser pursuant to this section. A violation of this subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) For purposes of this section, the term “seller” or “person selling a prescription hearing aid” includes:
For details, see Fla. Stat. § 775.082(4)(a)
(a) Any person licensed under this part or any other person who signs a sales receipt required by s. 484.051(2) or s. 468.1245(2) or otherwise fits, delivers, or dispenses a prescription hearing aid.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 484.0512
- Board: means the Board of Hearing Aid Specialists. See Florida Statutes 484.041
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Hearing aid: means any wearable device designed for, offered for the purpose of, or represented as aiding persons with, or compensating for, impaired hearing. See Florida Statutes 484.041
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Prescription hearing aid: means a hearing aid that satisfies the requirements of this part and is not an over-the-counter hearing aid. See Florida Statutes 484.041
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Any business organization, whether a sole proprietorship, partnership, corporation, professional association, joint venture, business trust, or other legal entity, that dispenses a prescription hearing aid or enters into an agreement to dispense a prescription hearing aid.
(c) Any person who controls, manages, or operates an establishment or business that dispenses a prescription hearing aid or enters into an agreement to dispense a prescription hearing aid.