HLS 11RS-33 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2011 HOUSE BILL NO. 134 BY REPRESENTATIVE HARDY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. HEARING AID DEALERS: Requires hearing aid dealers to provide a thirty-day money- back guarantee for all hearing aids sold AN ACT1 To amend and reenact R.S. 37:2444, relative to hearing aid dealers; to provide for rights of2 buyers of hearing aids; to provide for a refund guarantee; to provide for refund3 conditions; to authorize the promulgation of rules; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 37:2444 is hereby amended and reenacted to read as follows:6 ยง2444. Bill of sale; contract; buyer rights; refund guarantee7 A. Any person who engages in the fitting or selling of hearing aids shall:8 (1) deliver Deliver to each person supplied with a hearing aid, by him or at9 his order or direction, a bill of sale or contract which shall contain his signature and10 show the address of his regular place of business with a contact phone number and11 the number of his license, together with a description of the make, model, and serial12 number of the hearing aid furnished and the amount charged therefor. The bill of13 sale or contract shall also reveal the condition of the hearing device and whether it14 is new, used, or rebuilt, and the address and phone number of the Louisiana Board15 for Hearing Aid Dealers.16 (2) Provide each buyer of a hearing aid with a written guarantee indicating17 the right of the buyer to receive a refund of the full amount of the purchase price if18 the buyer returns the hearing aid without damage caused by improper care or19 accident within thirty calendar days of receiving the hearing aid. The guarantee shall20 HLS 11RS-33 ORIGINAL HB NO. 134 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. permit the buyer to cancel the purchase for any reason within thirty calendar days1 after receiving the hearing aid by giving or mailing written notice of cancellation to2 the seller of the hearing aid. If the buyer mails the notice of cancellation, the3 thirty-calendar-day period shall begin with the postmark date of the notice. The4 guarantee shall entitle the buyer to receive a refund of the full amount of the5 purchase price within thirty days of return of the hearing aid to the seller.6 B. The board may promulgate rules in accordance with the Administrative7 Procedure Act which are necessary to implement the provisions of this Section.8 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Hardy HB No. 134 Abstract: Requires hearing aid dealers to provide a 30-day money-back guarantee for all hearing aids sold. Present law provides that violation of any provision of present law relative to hearing aid dealers shall be grounds for revocation or suspension of a hearing aid dealer license. Proposed law requires that any person who engages in the selling of hearing aids shall provide each buyer of a hearing aid with a 30-calendar-day money-back guarantee. Proposed law provides that such guarantee must permit the buyer to cancel the purchase for any reason within 30 calendar days after receiving the hearing aid. Proposed law provides that such guarantee shall entitle the buyer to receive a refund of the full amount of the purchase price within 30 days of return of the hearing aid to the seller if the hearing aid is returned without damage caused by improper care or accident. Proposed law provides that the Louisiana Board for Hearing Aid Dealers may promulgate any rules necessary to implement the provisions of proposed law. (Amends RS. 37:2444)