HHP has previously reported that our sponsored legislation, SB 1326 (Roth), which was signed by the Governor, 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 law changes are effective January 1, 2015.  The new language clarifies 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. The tolling will be 45 days, effective 1/1/2015. 

Previously, the law provided specific language of a 30-day warranty "upon completion of fitting," but 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!