37-16-304. Right to cancel -- return of hearing aid or related device -- notice -- refund -- dispensing fee rules. - Montana Statutes

     37-16-304. Right to cancel -- return of hearing aid or related device -- notice -- refund -- dispensing fee rules. (1) (a) Except as provided in subsection (1)(b), a purchaser of a hearing aid or related device may, for any reason, cancel the sale within 30 days of the date of delivery at a permanent place of business.
     (b) (i) If a licensed hearing aid dispenser has provided a hearing test or a fitting consultation to a purchaser at a place of practice other than the dispenser's permanent place of business prior to or at the time the purchaser takes delivery of a hearing aid or related device, the purchaser may, for any reason, cancel the sale within 30 days from the date of the first postdelivery followup consultation conducted in person at the place of practice.
     (ii) A purchaser subject to the provisions of subsection (1)(b)(i) may waive the extended trial period if, at the date of delivery, the purchaser was offered and declined in writing the followup consultation, in which case the 30-day period in subsection (1)(a) applies.
     (c) The trial period in subsection (1)(a) or (1)(b) applies notwithstanding the provisions of Title 30, chapter 14, part 5.
     (2) (a) A purchaser canceling a sale under subsection (1) shall provide written notice indicating the purchaser's intention not to be bound by the sales contract. The notice must be sent to the address of the licensed hearing aid dispenser's permanent place of business at the time the hearing aid was purchased.
     (b) The purchaser shall return or hold for the licensed hearing aid dispenser's disposal the hearing aid or related device in substantially the same condition as it was received by the purchaser.
     (3) (a) For the purpose of determining whether cancellation has occurred within the time specified in subsection (1), written notice:
     (i) given by mail is considered given on the date mailed; and
     (ii) delivered in person is considered given when delivered to the hearing aid dispenser's permanent place of business or place of practice.
     (b) If the purchaser and the licensed hearing aid dispenser dispute the timing of a cancellation under the terms of subsection (1)(b), the dispenser shall provide documentation to the board that the dispenser provided written notice of the purchaser's entitlement to a postdelivery followup consultation at the place of practice and that the consultation either occurred or was waived by the purchaser in writing.
     (4) A licensed hearing aid dispenser shall refund to the purchaser the amount paid for a hearing aid or related device minus any authorized dispensing fee within 10 days of receipt of written notice of cancellation.
     (5) If the board decides to authorize a dispensing fee, the form and manner of calculating a dispensing fee must be established by the board by rule. Dispensing fee rules adopted by the board may include but are not limited to consideration of business overhead and costs associated with initial hearing evaluations, consultations, fittings, and followup visits.
     (6) A licensed hearing aid dispenser may not sell a hearing aid in this state unless the dispenser provides the purchaser with written notice of the trial period, as provided in subsection (1), and a money-back guarantee.
     (7) If the hearing aid must be repaired, remade, or adjusted during the trial period, the running of the trial period must be suspended for each day that the hearing aid is not in the purchaser's possession. The provisions of this subsection may not be waived.

     History: En. Sec. 10, Ch. 155, L. 1991; amd. Sec. 20, Ch. 481, L. 1997; amd. Sec. 11, Ch. 230, L. 1999; amd. Sec. 3, Ch. 34, L. 2009.