Consumer Protection for Hearing Aid Purchasers

Do you know what, if any laws are in place to protect you when you purchase a hearing aid? Do you know your rights as a hearing aid purchaser?

Rights afforded to purchasers of hearing aids depend upon the state in which you live and make the purchase. This system has resulted in a patchwork of laws and regulations across the country. By our count, only 30 states mandate a trial period during which you can decide if the hearing aid you purchased is the right one for you. In those states that require trial periods, you have the right to return the hearing aid and obtain a refund. The amount of the refund varies from state to state and, in a few cases, varies within the same state. Typically, the hearing aid dispenser is allowed some fees to cover the cost of the ear mold, and in some cases a percentage or flat fee to cover the dispenser’s time spent with you choosing a hearing aid. Be sure to get the terms of your trial period in writing, including the start and end date and any fees that the dispenser is entitled to keep once you return the hearing aid.

In states that have no mandatory trial period accompanied by refunds, providing these rights is left to the discretion of the individual hearing aid dispenser. Many dispensers see the value of a trial period, even if not mandated by law. Do ask your hearing aid dispenser if a trial period is offered, and the terms of that trial period, including how much the dispenser will keep after a refund is made, and again, ask for all that in writing.

To help you out, HLAA has compiled information delineating the rights afforded to individuals in every state in the U.S.. The table also identifies the state agency that accepts and reviews complaints about hearing aid dispensers. Complaints are not limited to trial periods and refunds in those states that require them, but may cover any aspect of your experience in dealing with a hearing aid dispenser.

You should also be aware that in three states, Arizona, Florida and New York, information about telecoils must be included in educational materials provided to consumers. This is the kind of useful information that allows consumers to use their hearing aids to their fullest advantage. Kudos to advocates in those states to make sure that kind of information is included!

A Caveat! The information contained in the table was obtained by searching the laws and regulations of each state. In a few instances, personal contact was made with a state official to verify or clarify available information. However, no state law or regulation expressly states the absence of a right to a trial period and a refund. So, the conclusion, “None required,” was assumed for many of the states listed in the table as having no mandatory trial period. It is possible that in doing this research, the existence of a required trial period accompanied by a refund was simply not found, although the state may provide these rights. You can help us validate the information by pointing out any entries that you have reason to believe are inaccurate.

If your state does not have any consumer protection laws for hearing aid purchases, we urge you and/or the members of your local chapter of Hearing Loss Associatoin to work toward getting these kinds of laws on the books. Trial periods are invaluable in helping people determine whether the hearing aid they have purchased works for them. Information about provision of basic educational materials including information about telecoils is priceless. These kinds consumer protections should be available in every state. Where it isn’t we, the consumers, should insist!

Kudos go to HLAA volunteers David Gayle and Ingrid Benyaminowich for their tireless work pulling this information together.

For more information on where to file complaints, go to http://www.hearingloss.org/advocacy/pdfs/ConsumerProtectionLaws_1-1-2010.pdf

Lise Hamlin

Originally published in the
January/February 2010 issue of Hearing Loss Magazine