64B20-8.009. Thirty-Day Trial Period; Purchaser's Right to Cancel; Notice; Refund; Cancellation Fee

(1) A person selling a prescription hearing aid(s) in the State of Florida must provide the purchaser with written notice of the 30-day trial period and money-back guarantee, as provided in Section 468.1246, F.S., and subsection 64B20-8.008(3), F.A.C. The terms and conditions of the guarantee as well as the total amount available for refund shall be provided in writing to the purchaser prior to the signing of the contract.

(2) The guarantee shall permit the purchaser to cancel the purchase, for a valid reason, within 30 days of the receipt of the prescription hearing aid(s). A valid reason shall be defined as failure by the purchaser to achieve satisfaction from use of the prescription hearing aid(s), so long as the prescription hearing aid(s) is returned to the seller within the 30-day trial period in good working condition. If the prescription hearing aid(s) must be repaired, remade, or adjusted within the 30-day trial period, then the trial period shall be suspended until the purchaser reclaims the prescription hearing aid(s) or until 4 days after the purchaser is notified that the prescription hearing aid(s) is available to be reclaimed, whichever is earlier. In the event of cancellation within the 30-day trial period, the purchaser shall have the right to receive a refund of the total purchase price, less the charges for earmold(s) and service provided to fit the prescription hearing aid(s) not to exceed $300.00 for monaural and $600.00 for binaural prescription hearing aid(s), and cancellation fee not to exceed 5% of the total purchase price of the prescription hearing aid(s) alone.

(3) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 468.1135(4) FS. Law Implemented 468.1246 FS. History–New 11-30-94, Formerly 59BB-8.009, Amended 6-8-23.