(1) In addition to any other rights and remedies the purchaser of a hearing aid may have, the purchaser shall have the right to rescind the transaction if the purchaser for whatever reason consults a licensed physician with specialty board certification in otolaryngology or internal medicine or a licensed family practice physician, subsequent to purchasing a hearing aid, and the physician certifies in writing that the purchaser has a hearing impairment for which a hearing aid will not provide a benefit or that the purchaser has a medical condition which contraindicates the use of a hearing aid.
(2) The purchaser of a hearing aid shall have the right to rescind provided in subsection (1) only if the purchaser gives a written notice of the intent to rescind the transaction to the seller at the seller’s place of business by certified mail, return receipt requested, which notice shall be posted not later than 60 days following the date of delivery of the hearing aid to the purchaser, and the purchaser returns the hearing aid to the seller in the original condition less normal wear and tear.
(3) If the conditions of subsections (1) and (2) are met, the seller shall, without request, refund to the purchaser, within 10 days of the receipt of notice to rescind, a full and complete refund of all moneys received, less 5 percent. The purchaser shall incur no additional liability for rescinding the transaction.
History.—ss. 13, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 484 - Dispensing of Optical Devices and Hearing AIDS
Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059)
484.042 - Board of Hearing Aid Specialists; membership, appointment, terms.
484.044 - Authority to make rules.
484.045 - Licensure by examination.
484.0501 - Minimal procedures and equipment.
484.051 - Itemization of prices; delivery of hearing aid; receipt, packaging, disclaimer, guarantee.
484.0513 - Cancellation by medical authorization; purchaser’s right to return.
484.053 - Prohibitions; penalties.
484.054 - Sale or distribution of hearing aids through mail; penalty.
484.056 - Disciplinary proceedings.
484.058 - Declaration of place of business; posting of license and notice.