(D) No individual permitted to recommend or fit a hearing aid | 32 |
pursuant to division (B) of this section shall sell or distribute | 33 |
a hearing aid through the mail to the ultimate consumer without a | 34 |
prior in-person evaluation between the consumer and the | 35 |
individual. No other individual shall sell or distribute a hearing | 36 |
aid through the mail to the ultimate consumer at any time. Nothing | 37 |
in this section shall be construed to prohibit the distribution of | 38 |
a repaired hearing aid to its owner via mail upon completion of | 39 |
the repairs.
| 40 |
(E) A hearing aid dealer or hearing aid fitter licensed under | 41 |
Chapter 4747. of the Revised Code, a physician authorized under | 42 |
Chapter 4731. of the Revised Code to practice medicine and surgery | 43 |
or osteopathic medicine and surgery, or an audiologist licensed | 44 |
under Chapter 4753. of the Revised Code who enters into a consumer | 45 |
transaction with a consumer shall provide a refund to the consumer | 46 |
if the hearing aid is returned to the dealer, fitter, physician, | 47 |
or audiologist not later than thirty days after its original | 48 |
delivery. The refund shall be provided regardless of the reason | 49 |
for the hearing aid's return and regardless of whether the hearing | 50 |
aid is new, refabricated, or used. The thirty-day period for | 51 |
return of the hearing aid does not include any period during which | 52 |
the dealer, fitter, physician, or audiologist has possession or | 53 |
control of the hearing aid after its original delivery to the | 54 |
consumer or a person acting on the consumer's behalf. | 55 |
Not later than fifteen days after presentation by the | 62 |
consumer to the dealer, fitter, physician, or audiologist of proof | 63 |
of payment of the agreed-upon consideration for the hearing aid | 64 |
and return of the hearing aid in the condition in which it was | 65 |
received, except for normal wear and tear, the dealer, fitter, | 66 |
physician, or audiologist shall give the consumer a full refund of | 67 |
the consideration paid for the hearing aid, less the amount | 68 |
specified by the dealer, fitter, physician, or audiologist in the | 69 |
receipt required by division (C)(F) of this section to cover | 70 |
expenses incurred in connection with the hearing aid. | 71 |
If the hearing aid is returned in a damaged condition that is | 72 |
beyond normal wear and tear, the dealer, fitter, physician, or | 73 |
audiologist, not later than fifteen days after presentation of | 74 |
proof of payment and return of the hearing aid, shall give the | 75 |
consumer a full refund of the consideration paid for the hearing | 76 |
aid, less an amount equal to the cost of repairing the damage to | 77 |
the hearing aid and the amount the dealer, fitter, physician, or | 78 |
audiologist could withhold under this division had the hearing aid | 79 |
been returned in the condition that it was received, except for | 80 |
normal wear and tear. | 81 |
(C)(F) When a hearing aid dealer, hearing aid fitter, | 82 |
physician, or audiologist enters into a consumer transaction with | 83 |
a consumer, the dealer, fitter, physician, or audiologist shall | 84 |
notify the consumer of the provisions of division (B)(E) of this | 85 |
section and provide the consumer a receipt for the hearing aid | 86 |
that includes the following statement typed in boldface type of | 87 |
the minimum size of ten points: | 88 |
Under Ohio law (O.R.C. 1345.30), a consumer has the right to | 91 |
return a hearing aid for any reason within 30 days after it is | 92 |
originally delivered to the consumer or a person acting on the | 93 |
consumer's behalf and to receive a refund of the consideration | 94 |
paid for the hearing aid less an amount specified by the hearing | 95 |
aid dealer, hearing aid fitter, physician, or audiologist to cover | 96 |
expenses incurred in connection with the hearing aid not later | 97 |
than 15 days after presenting proof of payment for the hearing aid | 98 |
and returning it in the condition in which it was received, except | 99 |
for normal wear and tear. In this case the amount deducted from | 100 |
the refund will be $........" | 101 |