Oklahoma § 15-764.1 - Definitions - Rescission period

§ 15-764.1. Definitions - Rescission period

A. As used in this section:

1. "Hearing aid" means any wearable instrument or device

designed or offered for the purpose of aiding or compensating for

impaired human hearing and any parts, attachments, or accessories

thereto, but excluding ear molds, batteries and cords. The term

"hearing aid" does not include cochlear implants or cochlear

prosthesis;

2. "Hearing aid provider" means a hearing aid dealer or fitter

licensed pursuant to Section 1-1750 et seq. of Title 63 of the

Oklahoma Statutes, audiologist licensed pursuant to Section 1601 et

seq. of Title 59 of the Oklahoma Statutes, or any other individual

who dispenses hearing aids within this state; and

3. "Rescission period" means thirty (30) calendar days from the

day the hearing aid is placed in the possession of the purchaser.

B. A hearing aid provider shall provide a thirty-day rescission

period on a hearing aid purchase consistent with the following

terms:

1. The purchaser shall have the right to cancel the purchase

for any reason if the hearing aid is returned to the hearing aid

provider in the same condition as when purchased, ordinary wear and

tear excepted, within thirty (30) days of the date of receipt of the

hearing aid. The thirty-day rescission period shall be tolled for

any period during which the hearing aid provider takes possession or

control of a hearing aid after its original delivery;

2. The purchaser is entitled to receive a full refund of the

purchase price, provided the hearing aid provider may be entitled to

a cancellation fee no greater than ten percent (10%) of the total

purchase price for the hearing aid or One Hundred Fifty Dollars

($150.00) per hearing aid, whichever is less; and

3. The hearing aid provider shall provide a written receipt or

contract to the purchaser that includes, in immediate proximity to

the space reserved for the signature of the purchaser, the following

specific statement in all bold-faced type capital letters no smaller

than the largest print used in the written receipt or contract:

OKLAHOMA STATE LAW GIVES THE PURCHASER THE RIGHT TO

CANCEL THIS PURCHASE FOR ANY REASON BY RETURNING THE HEARING

AID TO THE HEARING AID PROVIDER AT ANY TIME PRIOR TO

MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE

HEARING AID.

Oklahoma Statutes - Title 15. Contracts

BY LAW, THE HEARING AID PROVIDER MAY BE ENTITLED TO A

CANCELLATION FEE NOT TO EXCEED TEN PERCENT (10%) OF THE

TOTAL PURCHASE PRICE FOR THE HEARING AID OR ONE HUNDRED

FIFTY DOLLARS ($150.00) PER HEARING AID, WHICHEVER IS LESS,

TO COVER THE COSTS INCURRED BY THE HEARING AID PROVIDER.

IF THE PURCHASER RETURNS THE HEARING AID WITHIN THE

THIRTY-DAY PERIOD, THE PURCHASER WILL RECEIVE A REFUND OF

$____.00 (HEARING AID PROVIDER MUST INSERT THE DOLLAR AMOUNT

OF THE REFUND).

IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH THIS

PROVISION, COMPLAINTS SHOULD BE FORWARDED TO:

OKLAHOMA STATE DEPARTMENT OF HEALTH

OCCUPATIONAL LICENSING DIVISION

1000 N.E. 10TH STREET

OKLAHOMA CITY, OKLAHOMA 73105

C. Failure to comply with this section constitutes a deceptive

trade practice. Hearing aid providers who violate this section

shall be disciplined by the appropriate state licensing agency, in

addition to any sanction provided for in the Oklahoma Consumer

Protection Act.

Added by Laws 2001, c. 406, § 5, emerg. eff. June 4, 2001.