Okla. Stat. tit. 15, § 15-764.1
This is the official text of Okla. Stat. tit. 15, § 15-764.1, part of Oklahoma’s Stat. tit. 15, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 15,." Browse the sections below, each linked to its official government source.
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Definitions - Rescission period
Official statutory text
A. As used in this section:
1. "Hearing aid" means any wearable instrument or device
designed or offered for the purpose of aiding or compensating for
impaired human hearing and any parts, attachments, or accessories
thereto, but excluding ear molds, batteries and cords. The term
"hearing aid" does not include cochlear implants or cochlear
prosthesis;
2. "Hearing aid provider" means a hearing aid dealer or fitter
licensed pursuant to Section 1-1750 et seq. of Title 63 of the
Oklahoma Statutes, audiologist licensed pursuant to Section 1601 et
seq. of Title 59 of the Oklahoma Statutes, or any other individual
who dispenses hearing aids within this state; and
3. "Rescission period" means thirty (30) calendar days from the
day the hearing aid is placed in the possession of the purchaser.
B. A hearing aid provider shall provide a thirty-day rescission
period on a hearing aid purchase consistent with the following
terms:
1. The purchaser shall have the right to cancel the purchase
for any reason if the hearing aid is returned to the hearing aid
provider in the same condition as when purchased, ordinary wear and
tear excepted, within thirty (30) days of the date of receipt of the
hearing aid. The thirty-day rescission period shall be tolled for
any period during which the hearing aid provider takes possession or
control of a hearing aid after its original delivery;
2. The purchaser is entitled to receive a full refund of the
purchase price, provided the hearing aid provider may be entitled to
a cancellation fee no greater than ten percent (10%) of the total
purchase price for the hearing aid or One Hundred Fifty Dollars
($150.00) per hearing aid, whichever is less; and
3. The hearing aid provider shall provide a written receipt or
contract to the purchaser that includes, in immediate proximity to
the space reserved for the signature of the purchaser, the following
specific statement in all bold-faced type capital letters no smaller
than the largest print used in the written receipt or contract:
OKLAHOMA STATE LAW GIVES THE PURCHASER THE RIGHT TO
CANCEL THIS PURCHASE FOR ANY REASON BY RETURNING THE HEARING
AID TO THE HEARING AID PROVIDER AT ANY TIME PRIOR TO
MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE
HEARING AID.
Oklahoma Statutes - Title 15. Contracts Page 151
BY LAW, THE HEARING AID PROVIDER MAY BE ENTITLED TO A
CANCELLATION FEE NOT TO EXCEED TEN PERCENT (10%) OF THE
TOTAL PURCHASE PRICE FOR THE HEARING AID OR ONE HUNDRED
FIFTY DOLLARS ($150.00) PER HEARING AID, WHICHEVER IS LESS,
TO COVER THE COSTS INCURRED BY THE HEARING AID PROVIDER.
IF THE PURCHASER RETURNS THE HEARING AID WITHIN THE
THIRTY-DAY PERIOD, THE PURCHASER WILL RECEIVE A REFUND OF
$____.00 (HEARING AID PROVIDER MUST INSERT THE DOLLAR AMOUNT
OF THE REFUND).
IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH THIS
PROVISION, COMPLAINTS SHOULD BE FORWARDED TO:
OKLAHOMA STATE DEPARTMENT OF HEALTH
OCCUPATIONAL LICENSING DIVISION
1000 N.E. 10TH STREET
OKLAHOMA CITY, OKLAHOMA 73105
C. Failure to comply with this section constitutes a deceptive
trade practice. Hearing aid providers who violate this section
shall be disciplined by the appropriate state licensing agency, in
addition to any sanction provided for in the Oklahoma Consumer
Protection Act.
1. "Hearing aid" means any wearable instrument or device
designed or offered for the purpose of aiding or compensating for
impaired human hearing and any parts, attachments, or accessories
thereto, but excluding ear molds, batteries and cords. The term
"hearing aid" does not include cochlear implants or cochlear
prosthesis;
2. "Hearing aid provider" means a hearing aid dealer or fitter
licensed pursuant to Section 1-1750 et seq. of Title 63 of the
Oklahoma Statutes, audiologist licensed pursuant to Section 1601 et
seq. of Title 59 of the Oklahoma Statutes, or any other individual
who dispenses hearing aids within this state; and
3. "Rescission period" means thirty (30) calendar days from the
day the hearing aid is placed in the possession of the purchaser.
B. A hearing aid provider shall provide a thirty-day rescission
period on a hearing aid purchase consistent with the following
terms:
1. The purchaser shall have the right to cancel the purchase
for any reason if the hearing aid is returned to the hearing aid
provider in the same condition as when purchased, ordinary wear and
tear excepted, within thirty (30) days of the date of receipt of the
hearing aid. The thirty-day rescission period shall be tolled for
any period during which the hearing aid provider takes possession or
control of a hearing aid after its original delivery;
2. The purchaser is entitled to receive a full refund of the
purchase price, provided the hearing aid provider may be entitled to
a cancellation fee no greater than ten percent (10%) of the total
purchase price for the hearing aid or One Hundred Fifty Dollars
($150.00) per hearing aid, whichever is less; and
3. The hearing aid provider shall provide a written receipt or
contract to the purchaser that includes, in immediate proximity to
the space reserved for the signature of the purchaser, the following
specific statement in all bold-faced type capital letters no smaller
than the largest print used in the written receipt or contract:
OKLAHOMA STATE LAW GIVES THE PURCHASER THE RIGHT TO
CANCEL THIS PURCHASE FOR ANY REASON BY RETURNING THE HEARING
AID TO THE HEARING AID PROVIDER AT ANY TIME PRIOR TO
MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE
HEARING AID.
Oklahoma Statutes - Title 15. Contracts Page 151
BY LAW, THE HEARING AID PROVIDER MAY BE ENTITLED TO A
CANCELLATION FEE NOT TO EXCEED TEN PERCENT (10%) OF THE
TOTAL PURCHASE PRICE FOR THE HEARING AID OR ONE HUNDRED
FIFTY DOLLARS ($150.00) PER HEARING AID, WHICHEVER IS LESS,
TO COVER THE COSTS INCURRED BY THE HEARING AID PROVIDER.
IF THE PURCHASER RETURNS THE HEARING AID WITHIN THE
THIRTY-DAY PERIOD, THE PURCHASER WILL RECEIVE A REFUND OF
$____.00 (HEARING AID PROVIDER MUST INSERT THE DOLLAR AMOUNT
OF THE REFUND).
IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH THIS
PROVISION, COMPLAINTS SHOULD BE FORWARDED TO:
OKLAHOMA STATE DEPARTMENT OF HEALTH
OCCUPATIONAL LICENSING DIVISION
1000 N.E. 10TH STREET
OKLAHOMA CITY, OKLAHOMA 73105
C. Failure to comply with this section constitutes a deceptive
trade practice. Hearing aid providers who violate this section
shall be disciplined by the appropriate state licensing agency, in
addition to any sanction provided for in the Oklahoma Consumer
Protection Act.
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