Massachusetts Hearing Aid Dealer Ordered to Pay Restitution

August 25, 2004
A Massachusetts hearing aid company has been ordered to pay restitution to its customers after being accused of deceptive practices. The firm, and its principle, agreed to $40,000 in restitution to settle action brought by state attorney general Tom Reilly.

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The settlement stems from a lawsuit Reilly filed in 2003 against Debra Arnett, who previously owned and operated two stores, Affordable Hearing Aid Technology, Inc, of Chelmsford and Custom Care Hearing Aid Center, Inc. of Lexington. The settlement, filed in Suffolk Superior Court, also bars Arnett from dispensing hearing aids without a license and from committing further deceptive practices against consumers.

"Protecting consumers, especially elderly and those with disabilities, is first and foremost with my office," Reilly said. "Hearing aids are not a luxury, they are essential and make an enormous difference in the lives of many."

Reilly's complaint alleged that Arnett committed multiple violations of the Massachusetts Consumer Protection Act including: misrepresenting professional qualifications and engaging in false advertising; failing to properly size hearing aids; misrepresenting the type of hearing aids being sold; failing to honor warranties or 30-day money back guarantees; failing to provide required information on sales/delivery receipts; and failing to conduct business in a professional manner.

Reilly said hearing aids vary widely in both style and price, so consumers should shop around and compare the different makes and models of hearing aids and their prices before making a decision. He also urged consumers to read the terms of purchase carefully and before signing a contract make sure that it accurately reflects any verbal representations the sales representative made.

Under Massachusetts law, consumers who are not satisfied with their hearing aids may return them directly to the dispenser within 30 days of the purchase for a refund. The dispenser is entitled to retain up to 20 percent of the sale price for actual services rendered not covered by warranty.

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