Last Friday, August 21, HHP-sponsored legislation, SB 1326 (Roth), was signed by the Governor. The bill provides clarity and specificity to the existing warranty provisions for hearing aids. (The "warranty" referred to in this article is in reference to the "return privilege" allowed to consumers in the Song-Beverly Warranty Act and not manufacturers' warranties on the hearing aids.)

The bill attempts to clarify the initial start date and expiration date of the warranty and also the "tolling" period when the warranty is suspended for either service or repair. While current law provides specific language that there is a 30-day warranty "upon completion of fitting," the uniqueness of the fitting process for hearing aids has created ambiguity on when the 30-day warranty period begins and ends. This ambiguity can result in hearing aid dispensers being obligated for service, repairs or refunds indefinitely. For example, the licensing Board has interpreted that the 30-day full refund "warranty" may be considered to toll, or restart, whenever the purchaser returns for a service that may include reprogramming or adjustment of the hearing aid. This has resulted in some fittings having a full refund given beyond 90 days from the date of delivery!

HHP previously reported that in the Assembly the bill was amended after much deliberation with the bill's author, to change the tolling from 30 days to 45 days. These amendments were needed to overcome concerns about the bill raised by two members of the Committee,  Assembly Speaker pro Tem Kevin Mullin (D-South San Francisco), who wears two hearing aids, and Assembly Member Roger Dickinson (D-Sacramento), who spent years litigating Song-Beverly cases on behalf of consumers.

This is a huge victory for HHP!  Thank you to those members who helped get this legislation passed.  You can view the full bill language by clicking the link provided below.