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January 20, 2006

Request for hearing aid refund came too late

I was having problems with my hearing. After I visited my ear doctor for a physical exam, he sent me to Southgate Hearing Clinic for an evaluation. It resulted in a recommendation for a hearing aid. I accepted the audiologist's verdict, but I do not feel I really need one that much. I tested it, but I didn't like the way my voice sounded; there also was a buzzing noise.

I receive oxygen around the clock and wondered if this may be the cause. The audiologist at Southgate could not determine this but sent the hearing aid for adjustments.

I had another 30 days to test the new hearing aid. I told them I was going on vacation and would let my children decide if I needed a hearing aid. Unfortunately, while I was away I had a medical emergency. I did not think to test my hearing aid during that time.

When I returned and was able, I asked for a refund. I don't think I need a hearing aid. The company says I've exceeded the 30-day trial period and am not entitled to a refund.

I don't need to pay for something that buzzes and that I don't even want.

- Doris West

We're sorry that there is nothing Action can do to help. You signed a valid contract with Southgate Hearing Clinic: It is quite clear in its disclosure of the terms and conditions of the sale, and it provides the Florida statute that covers this topic.

F.S. 468.1245(2) states, "As a person buying hearing aid(s), you have the right to cancel this purchase within 30 days of receiving the hearing aid(s)." If it must be repaired within that 30-day trial period, the trial period will stop until the hearing aid is returned to you. If you return it during the trial period, you have the right to receive a refund of the total purchase price, less a charge not to exceed $150 for one hearing aid to cover manufacturing costs.

You went to the clinic at the recommendation of your doctor and, in your own words, "accepted their verdict" that the hearing evaluation showed you needed a hearing aid. Unless your children are hearing professionals, we don't see how they would be in a position to assess your needs, though we understand the desire to receive their advice.

Based on the contract you signed and your explanation of the facts surrounding your complaint, you are not entitled to a refund.

Legitimate, but unnecessary
This isn't a complaint. Rather I'd like you to look at the direct mailing I received and let me know if it is legitimate. I don't know how the sender would have access to the deed of my property anyway.

- Marjory Monger

The letter you received is a solicitation for you to buy a certified copy of the deed on your home. It's from a third-party business, a company in no way affiliated with state or county government, with whom those records reside.

Is this kind of business legitimate? Yes, as long as these solicitations make consumers aware that the companies are not affiliated with a government agency and that the records they offer may be available at no cost directly through the government.

Is the service they offer necessary? No. You can order a certified copy of your deed through the county clerk's office. The cost is $1 per page and $1.50 for certification. I called the clerk's office and discovered the deed on my home is only two pages long, making my cost considerably lower than the $55 you were asked to pay by the third-party business.

The company has access to your deed number because that information is public record. In Pinellas County, you may visit the property appraiser's Web site at pao.co.pinellas.fl.us. (Scroll down to "Search our database.") You can search your property by name or address. The first page of the record identifies the book and page number where your deed is recorded in county records. With that information you can write or visit the county records office (look in the blue pages of your telephone book for locations) and request a certified copy. You may also obtain that information by calling or visiting the records office in person.

Do you really need a certified copy of your deed? Yes, it's a good idea to keep one with your important records, but it's common practice to receive one with the documents pertaining to the purchase of your home.

- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

By Suzanne Palmer
http://www.sptimes.com/2006/01/20/Action/Request_for_hearing_a.shtml

Posted by 4HL on January 20, 2006 10:51 AM


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