California Senate Bill SB1444 Latest Draft

 BILL NUMBER: SB 1444AMENDED BILL TEXT AMENDED IN SENATE APRIL 23, 2012 AMENDED IN SENATE APRIL 11, 2012 INTRODUCED BY Senator Anderson  (   Coauthors:   Senators   Correa,   Negrete McLeod,   and Strickland   )  FEBRUARY 24, 2012 An act to  add Section 2530.7 to the Business and Professions   amend Section 1793.02 of the Civil  Code, relating to assistive devices. LEGISLATIVE COUNSEL'S DIGEST SB 1444, as amended, Anderson. Assistive devices:  warranty: regulations.  warranty.   Existing law provides that all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller's written warranty which is required to contain specified language including that the assistive device is warranted to be specifically fit for the particular needs of the buyers.   This bill would, with respect to hearing aids, delete the warranty requirement that the devices be specifically fit for the particular needs of the buyer.   Existing law creates the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in the Department of Consumer Affairs with various powers and duties. Existing law requires all new and used assistive devices sold at retail, with specified exceptions, to be accompanied by a written warranty.   This bill would authorize the board to adopt regulations that define the express terms that must be provided in a purchase agreement for a hearing aid, notwithstanding the existing provisions otherwise applicable to a warranty for a hearing aid.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1793.02 of the   Civil Code   is amended to read:  1793.02. (a) All new and used assistive devices  , with the exception of hearing aids,  sold at retail in this state shall be accompanied by the retail seller's written warranty which shall contain the following language: "This assistive device is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws." In lieu of the words "30 days" the retail seller may specify any longer period. (b) The language prescribed in subdivision (a) shall appear on the first page of the warranty in at least 10-point bold type. The warranty shall be delivered to the buyer at the time of the sale of the device. (c) If the buyer returns the device within the period specified in the written warranty, the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it with a device that is specifically fit for the particular needs of the buyer. If the seller does not adjust or replace the device so that it is specifically fit for the particular needs of the buyer, the seller shall promptly refund to the buyer the total amount paid, the transaction shall be deemed rescinded, and the seller shall promptly return to the buyer all payments and any assistive device or other consideration exchanged as part of the transaction and shall promptly cancel or cause to be canceled all contracts, instruments, and security agreements executed by the buyer in connection with the sale. When a sale is rescinded under this section, no charge, penalty, or other fee may be imposed in connection with the purchase, fitting, financing, or return of the device. (d) With respect to the retail sale of an assistive device to an individual, organization, or agency known by the seller to be purchasing for the ultimate user of the device, this section and subdivision (b) of Section 1792.2 shall be construed to require that the device be specifically fit for the particular needs of the ultimate user. (e) This section and subdivision (b) of Section 1792.2 shall not apply to any of the following sales of assistive devices: (1) A catalog or similar sale, as defined in subdivision (q) of Section 1791, except a sale of a hearing aid. (2) A sale which involves a retail sale price of less than fifteen dollars ($15). (3) A surgical implant performed by a physician and surgeon, or a restoration or dental prosthesis provided by a dentist. (f) The rights and remedies of the buyer under this section and subdivision (b) of Section 1792.2 are not subject to waiver under Section 1792.3. The rights and remedies of the buyer under this section and subdivision (b) of Section 1792.2 are cumulative, and shall not be construed to affect the obligations of the retail seller or any other party or to supplant the rights or remedies of the buyer under any other section of this chapter or under any other law or instrument. (g) Section 1795.5 shall not apply to a sale of used assistive devices, and for the purposes of the Song-Beverly Consumer Warranty Act the buyer of a used assistive device shall have the same rights and remedies as the buyer of a new assistive device. (h) The language in  subdivision   subdivisions  (a)  and (i)  shall not constitute an express warranty for purposes of Sections 1793.2 and 1793.3.  (i) (1) (A) All new and used hearing aids sold in this state shall be accompanied by the retail seller's written warranty, which shall appear on the first page of the warranty in at least 10-point bold type, delivered to the buyer at the time of the sale of the device, and shall contain the following language:   This assistive device may be returned to the seller within 30 days from the date you are fitted with the assistive device and take possession of the device. If you return the device, the seller will either adjust or replace the device, or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.   (B) In lieu of the words "30 days" the retail seller may specify any longer period.   (2) If the buyer returns a hearing aid within the period specified in the written warranty, the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it. If the seller does not adjust or replace the device, the seller shall promptly refund to the buyer the total amount paid. The transaction shall be deemed rescinded, and the seller shall promptly return to the buyer all payments and any assistive device or other consideration exchanged as part of the transaction. The seller shall promptly cancel or cause to be canceled all contracts, instruments, and security agreements executed by the buyer in connection with the sale. When a sale is rescinded under this section, no charge, penalty, or other fee may be imposed in connection with the purchase, fitting, financing, or return of the device.   (3) If the hearing aid must be repaired, remade, or adjusted during the 30-day warranty period, or longer period if specified by the seller, the warranty period is suspended for one day for each 24-hour period that the hearing aid is not in the buyer's possession. The warranty period shall resume on the day the buyer reclaims the repaired, remade, or adjusted hearing aid or five working days after notification of availability, whichever is earlier.   SECTION 1.   Section 2530.7 is added to the Business and Professions Code, to read: 2530.7. Notwithstanding Section 1793.02 of the Civil Code, the board may adopt regulations that define the express terms that must be provided in a purchase agreement for a hearing aid.