W. Va. Code R. § 8-1-12 - Right to Rescind Purchase Agreement

12.1. Each person supplied with a hearing aid by a licensed hearing aid dealer shall have the right to return the hearing aid to the dealer within thirty (30) calendar days of receipt and rescind the purchase agreement if the hearing aid does not function properly, cannot be adjusted to satisfactorily compensate for the deficiency in the person's hearing, or the person is otherwise dissatisfied with the hearing aid.

12.2. The sales receipt shall contain the following wording in type not smaller than that used in the body of the purchase agreement: " You have the right to return the hearing aid to the dealer from whom it was purchased at any time within thirty (30) days after receipt of the aid and rescind the purchase agreement except for reasonable fitting and examination charges ($125.00 maximum fitting charge), if the aid does not function properly or cannot be adjusted to correct the deficiency in your hearing or is otherwise unsatisfactory. The aid so returned must be without damage."

12.3. In the event that the prospective purchaser of a hearing aid exercises his or her right to rescind the purchase agreement, the fee to be charged for the cancellation shall not exceed one hundred twenty-five dollars ($125.00) per hearing aid provided. This fee shall include all services performed by the dealer and all materials used in the fitting including the fee for the examination, fitting, training, use of the hearing aid (s), the cost of the ear molds(s) if required, and any batteries provided.

12.4. Hearing aid dealers are required to provide at least one thirty (30) calendar day extension of the right to rescind the purchase agreement so long as the consumer alerts the hearing aid dealer of the hearing aids deficiencies within the first thirty (30) days of purchase and the hearing aid dealer makes an adjustment or advises the consumer to continue using the aid.

12.5. For purposes of computing the thirty (30) calendar day extension to rescind the purchase agreement, the last visit or communication the customer made to the hearing aid dealers within the original thirty (30) day right to rescind period shall constitute the first day of the thirty (30) day extension.

12.6. Unless the purchase agreement provides otherwise, further adjustments or advertisements to continue wearing the hearing aid made within the thirty (30) day extension period will not constitute a new beginning of another thirty(30) day extension period for the consumer to rescind the purchase agreement.

12.7. The hearing aid dealer or fitter may elect to meet the return privilege by renting or leasing the aid to the prospective customer. If the dealer so elects, the rental or leasing agreement shall have a fee not to exceed one hundred twenty-five dollars ($125.00) per hearing aid and the agreement shall specify that the prospective buyer may rescind the rental or lease agreement at any time by returning the hearing aid in good condition and that he or she shall incur no further costs by returning the hearing aid.

Notes

W. Va. Code R. § 8-1-12