37-16-304. Right to cancel -- return of hearing aid or related device -- notice -- refund. (1) A purchaser of a hearing aid or related device may cancel the sale within 30 days of the date of delivery of the hearing aid or related device if:
     (a) the hearing aid or related device is defective in fit or function; or
     (b) a licensed hearing aid dispenser has failed to correct a problem in fit or function.
     (2) (a) If a purchaser cancels the sale of a hearing aid or related device for a reason provided in subsection (1), he shall provide written notice to the seller indicating his intention not to be bound by the sale contract. The purchaser shall also return the hearing aid or related device in substantially the same condition as it was received by the purchaser.
     (b) For the purpose of determining whether cancellation has occurred within 30 days of the date of delivery, written notice:
     (i) given by mail is considered given on the date mailed; and
     (ii) delivered in person is given when delivered to the hearing aid dispenser's permanent place of business.
     (3) A licensed hearing aid dispenser shall refund to the purchaser the amount paid for the hearing aid or related device minus the dispensing fee within 30 days of receipt of written notice of cancellation. For the purposes of this section, the dispensing fee may not exceed 20% of the total cost of the hearing aid or related device.
     (4) All sales receipts for refunds issued by the seller of a hearing aid or related device must contain a statement of the reason for the cancellation.

     History: En. Sec. 10, Ch. 155, L. 1991.