Bill Text: IL HB0530 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Banking Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0362 [HB0530 Detail]
Download: Illinois-2013-HB0530-Amended.html
Bill Title: Amends the Illinois Banking Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0362 [HB0530 Detail]
Download: Illinois-2013-HB0530-Amended.html
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1 | AMENDMENT TO HOUSE BILL 530
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2 | AMENDMENT NO. ______. Amend House Bill 530 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Hearing Instrument Consumer Protection Act | ||||||
5 | is amended by changing Sections 3 and 6 as follows:
| ||||||
6 | (225 ILCS 50/3) (from Ch. 111, par. 7403)
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7 | (Section scheduled to be repealed on January 1, 2016)
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8 | Sec. 3. Definitions. As used in this Act, except as the | ||||||
9 | context
requires otherwise:
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10 | "Department" means the Department of Public Health.
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11 | "Director" means the Director of the Department of Public | ||||||
12 | Health.
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13 | "License" means a license
issued by the State under this
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14 | Act to a hearing instrument dispenser.
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15 | "Licensed Audiologist" means a person
licensed
as an | ||||||
16 | audiologist under the Illinois Speech-Language Pathology and |
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| |||||||
1 | Audiology
Practice Act.
| ||||||
2 | "National Board Certified Hearing Instrument
Specialist" | ||||||
3 | means a person
who has had at least 2 years in practice as a | ||||||
4 | licensed hearing
instrument dispenser and has
been certified | ||||||
5 | after qualification by examination by the National Board for
| ||||||
6 | Certification in Hearing Instruments Sciences.
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7 | "Licensed physician" or "physician" means a physician | ||||||
8 | licensed
in Illinois to
practice medicine in all of its | ||||||
9 | branches.
| ||||||
10 | "Trainee" means a person who is licensed to perform the | ||||||
11 | functions of a hearing instrument dispenser in accordance with | ||||||
12 | the Department rules and only under the direct supervision of a | ||||||
13 | hearing instrument dispenser or audiologist who is licensed in | ||||||
14 | the State. | ||||||
15 | "Board" means the Hearing Instrument Consumer Protection
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16 | Board.
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17 | "Hearing instrument" or "hearing aid" means any wearable | ||||||
18 | instrument or device designed for or offered for the purpose of | ||||||
19 | aiding or compensating for impaired human hearing and that can | ||||||
20 | provide more than 15 dB full on gain via a 2cc coupler at any | ||||||
21 | single frequency from 200 through 6000 cycles per second, and | ||||||
22 | any parts, attachments, or accessories, including ear molds. | ||||||
23 | "Hearing instrument" or "hearing aid" do not include batteries, | ||||||
24 | cords, instrument or
device
designed, intended,
or offered for | ||||||
25 | the purpose of improving a person's hearing and any parts,
| ||||||
26 | attachments,
or
accessories, including earmold.
Batteries, |
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1 | cords, and individual or group auditory training devices and | ||||||
2 | any
instrument or device used by a public utility in providing | ||||||
3 | telephone or
other communication services are excluded.
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4 | "Practice of fitting, dispensing, or servicing of hearing
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5 | instruments" means
the measurement of human hearing with an
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6 | audiometer, calibrated to
the current American National | ||||||
7 | Standard Institute standards, for the
purpose of making | ||||||
8 | selections, recommendations, adaptions, services, or sales of
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9 | hearing instruments including the making of earmolds as a part | ||||||
10 | of the hearing
instrument.
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11 | "Sell" or "sale" means any transfer of title or of the | ||||||
12 | right to use
by lease, bailment, or any other contract, | ||||||
13 | excluding wholesale transactions
with distributors or dealers.
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14 | "Hearing instrument dispenser" means a person who
is a | ||||||
15 | hearing care professional that engages
in the selling,
practice | ||||||
16 | of fitting, selecting, recommending, dispensing, or servicing
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17 | of hearing instruments or the testing for means of hearing
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18 | instrument selection or who
advertises or displays a sign or | ||||||
19 | represents himself or herself as a person
who
practices the | ||||||
20 | testing, fitting, selecting, servicing, dispensing,
or selling | ||||||
21 | of hearing instruments.
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22 | "Fund" means the Hearing Instrument Dispenser Examining
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23 | and Disciplinary Fund.
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24 | "Hearing Care Professional" means a person who is a | ||||||
25 | licensed
audiologist, a licensed hearing instrument dispenser, | ||||||
26 | or a licensed
physician.
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1 | (Source: P.A. 96-846, eff. 6-1-10 .)
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2 | (225 ILCS 50/6) (from Ch. 111, par. 7406)
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3 | (Section scheduled to be repealed on January 1, 2016)
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4 | Sec. 6. Mail order and Internet sales. Nothing in this Act | ||||||
5 | shall prohibit
a corporation, partnership,
trust, association, | ||||||
6 | or other organization, maintaining an established
business
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7 | address, from engaging in the business of selling or offering | ||||||
8 | for sale hearing
instruments at retail by mail or by Internet | ||||||
9 | to persons 18 years of age or older
who have not
been examined
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10 | by a licensed physician or tested by a licensed hearing | ||||||
11 | instrument
dispenser provided that:
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12 | (a) The organization is registered by the Department prior
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13 | to engaging
in business in this State and has paid the fee set | ||||||
14 | forth in
this
Act.
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15 | (b) The organization files with the Department, prior to
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16 | registration
and annually thereafter, a Disclosure Statement | ||||||
17 | containing the following:
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18 | (1) the name under which the organization is doing or | ||||||
19 | intends to do
business
and the name of any affiliated | ||||||
20 | company which the organization recommends
or will | ||||||
21 | recommend to persons as a supplier of goods or services or | ||||||
22 | in
connection with other business transactions of the | ||||||
23 | organization;
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24 | (2) the organization's principal business address and | ||||||
25 | the name and address
of its agent in this State authorized |
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1 | to receive service of process;
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2 | (3) the business form of the organization, whether | ||||||
3 | corporate, partnership,
or otherwise and the state or other | ||||||
4 | sovereign power under which the
organization is organized;
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5 | (4) the names of the directors or persons performing | ||||||
6 | similar functions
and names and addresses of the chief | ||||||
7 | executive officer, and the financial,
accounting, sales, | ||||||
8 | and other principal executive officers, if the | ||||||
9 | organization
is a corporation, association, or other | ||||||
10 | similar entity; of all general
partners, if the | ||||||
11 | organization is a partnership; and of the owner, if the
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12 | organization is a sole proprietorship, together with a | ||||||
13 | statement of the
business background during the past 5 | ||||||
14 | years for each such person;
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15 | (5) a statement as to whether the organization or any | ||||||
16 | person identified
in the disclosure statement:
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17 | (i) has during the 5 year period immediately | ||||||
18 | preceding the date of the
disclosure statement been | ||||||
19 | convicted of a felony, pleaded nolo contendere
to a | ||||||
20 | felony charge, or been held liable in a civil action by | ||||||
21 | final judgment,
if such felony or civil action involved | ||||||
22 | fraud, embezzlement, or
misappropriation of property, | ||||||
23 | and a description thereof; or
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24 | (ii) is subject to any currently effective | ||||||
25 | injunctive or restrictive
order
as a result of a | ||||||
26 | proceeding or pending action brought by any government |
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1 | agency
or department, and a description thereof; or
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2 | (iii) is a defendant in any pending criminal or | ||||||
3 | material civil action
relating to fraud, embezzlement, | ||||||
4 | misappropriation of property or violations
of the | ||||||
5 | antitrust or trade regulation laws of the United States | ||||||
6 | or any state,
and a description thereof; or
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7 | (iv) has during the 5 year period immediately | ||||||
8 | preceding the date of the
disclosure statement had | ||||||
9 | entered against such person or organization a final
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10 | judgment in any material civil proceeding, and a | ||||||
11 | description thereof; or
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12 | (v) has during the 5 year period immediately | ||||||
13 | preceding the date of the
disclosure statement been | ||||||
14 | adjudicated a bankrupt or reorganized due to
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15 | insolvency or was a principal executive officer or | ||||||
16 | general partner of any
company that has been | ||||||
17 | adjudicated a bankrupt or reorganized due to
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18 | insolvency during such 5 year period, and a description | ||||||
19 | thereof;
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20 | (6) the length of time the organization and any | ||||||
21 | predecessor of the
organization has conducted a business | ||||||
22 | dealing with hearing instrument goods or services;
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23 | (7) a financial statement of the organization
as
of the | ||||||
24 | close of the most recent fiscal year
of the organization. | ||||||
25 | If the financial statement is filed later than 120
days | ||||||
26 | following the close of the fiscal year of the organization |
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1 | it must
be accompanied by a statement of the organization | ||||||
2 | of any material changes
in the financial condition of the | ||||||
3 | organization;
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4 | (8) a general description of the business, including | ||||||
5 | without limitation
a description of the goods, training | ||||||
6 | programs, supervision, advertising,
promotion and other | ||||||
7 | services provided by the organization;
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8 | (9) a statement of any compensation or other benefit | ||||||
9 | given or promised
to a public figure arising, in whole or | ||||||
10 | in part, from (i) the use of the
public figure in the name | ||||||
11 | or symbol of the organization or (ii) the endorsement
or | ||||||
12 | recommendation of the organization by the public figure in | ||||||
13 | advertisements;
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14 | (10) a statement setting forth such additional | ||||||
15 | information and such
comments
and explanations relative to | ||||||
16 | the information contained in the disclosure
statement as | ||||||
17 | the organization may desire to present . | ||||||
18 | (b-5) If a device being sold does not meet the definition | ||||||
19 | of a hearing instrument or hearing device as stated in this | ||||||
20 | Act, the organization shall include a disclaimer in all written | ||||||
21 | or electronic promotions. The disclaimer shall include the | ||||||
22 | following language: | ||||||
23 | "This is not a hearing instrument or hearing aid as | ||||||
24 | defined in the Hearing Instrument Consumer Protection Act, | ||||||
25 | but a personal amplifier and not intended to replace a | ||||||
26 | properly fitted and calibrated hearing instrument." .
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1 | (c) The organization files with the Department prior to
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2 | registration
and annually thereafter a statement that it | ||||||
3 | complies with
the Act, the rules
issued pursuant to it, and the | ||||||
4 | regulations of the Federal Food and Drug
Administration and the | ||||||
5 | Federal Trade Commission insofar as they are applicable.
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6 | (d) The organization files with the Department at the time
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7 | of
registration an irrevocable consent to service of process | ||||||
8 | authorizing the
Department and any of its successors to be | ||||||
9 | served any notice, process, or
pleading in any action or | ||||||
10 | proceeding against the organization
arising out
of or in | ||||||
11 | connection with any violation of this Act. Such service shall
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12 | have the effect of conferring personal jurisdiction over such | ||||||
13 | organization
in any court of competent jurisdiction.
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14 | (e) Before dispensing a hearing instrument to a resident
of | ||||||
15 | this State, the organization informs the prospective users that | ||||||
16 | they may
need the following for proper fitting of a hearing | ||||||
17 | instrument:
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18 | (1) the results of an audiogram performed within the | ||||||
19 | past 6 months by a
licensed audiologist or a licensed | ||||||
20 | hearing instrument dispenser; and
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21 | (2) an earmold impression obtained from the | ||||||
22 | prospective user and taken by
a licensed hearing instrument | ||||||
23 | dispenser.
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24 | (f) The prospective user receives a medical evaluation or
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25 | the organization affords the prospective user an opportunity
to | ||||||
26 | waive the medical
evaluation requirement of Section 4 of this |
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1 | Act and the testing requirement of
subsection (z) of Section | ||||||
2 | 18, provided that
the
organization:
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3 | (1) informs the prospective user that the exercise of | ||||||
4 | the waiver is not
in the user's best health interest;
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5 | (2) does not in any way actively encourage the | ||||||
6 | prospective user to waive
the medical evaluation or test; | ||||||
7 | and
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8 | (3) affords the prospective user the option to sign
the | ||||||
9 | following
statement:
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10 | "I have been advised by .......... (hearing | ||||||
11 | instrument
dispenser's name) that
the Food and Drug | ||||||
12 | Administration and the State of Illinois have | ||||||
13 | determined
that my best interest would be served if I | ||||||
14 | had a medical
evaluation by a licensed physician, | ||||||
15 | preferably a physician who
specialized in diseases of
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16 | the ear, before purchasing a hearing instrument; or a | ||||||
17 | test by a licensed audiologist or licensed
hearing | ||||||
18 | instrument
dispenser utilizing established procedures | ||||||
19 | and instrumentation in the fitting
of hearing | ||||||
20 | instruments. I do not wish either a medical evaluation
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21 | or test before
purchasing a hearing instrument."
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22 | (g) Where a sale, lease, or rental of hearing instruments | ||||||
23 | is sold or contracted
to be sold to a consumer by mail order, | ||||||
24 | the consumer may
void the contract or sale by notifying the | ||||||
25 | seller within
45 business days following that day on which the | ||||||
26 | hearing
instruments were mailed by the seller to the consumer |
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1 | and by
returning to the seller in its original condition any | ||||||
2 | hearing
instrument
delivered to the consumer under the contract | ||||||
3 | or sale.
At the time the hearing instrument is
mailed, the | ||||||
4 | seller shall furnish the consumer
with a fully completed | ||||||
5 | receipt or copy of any contract pertaining to the
sale that | ||||||
6 | contains a "Notice of Cancellation" informing the
consumer that | ||||||
7 | he or she
may cancel the sale at any time within 45 business | ||||||
8 | days and
disclosing the
date of the mailing and the name,
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9 | address, and telephone number
of the seller. In immediate | ||||||
10 | proximity to the space reserved in the
contract
for the | ||||||
11 | signature of the consumer, or on the front page of the receipt | ||||||
12 | if
a contract is not used, and in bold face type of a minimum | ||||||
13 | size of 10
points, there shall be
a statement in substantially | ||||||
14 | the following form:
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15 | "You, the buyer, may cancel this transaction at any | ||||||
16 | time prior to
midnight
of the 45th business day after the | ||||||
17 | date of this transaction. See
the attached
notice of | ||||||
18 | cancellation form for an explanation of this right."
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19 | Attached to the receipt or contract shall be a completed | ||||||
20 | form in
duplicate,
captioned "NOTICE OF CANCELLATION" which | ||||||
21 | shall be easily detachable and
which shall contain in at least | ||||||
22 | 10 point bold face type the following
information
and | ||||||
23 | statements in the same language as that used in the contract:
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24 | "NOTICE OF CANCELLATION
| ||||||
25 | enter date of transaction
| ||||||
26 | .........................
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| |||||||
1 | (DATE)
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2 | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||||||
3 | OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
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4 | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY | ||||||
5 | YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||||||
6 | RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU | ||||||
7 | WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||||||
8 | THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
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9 | PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST | ||||||
10 | ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
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11 | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN | ||||||
12 | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||||||
13 | DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
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14 | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | ||||||
15 | AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER | ||||||
16 | WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (name of seller), AT | ||||||
17 | (address of seller's place of business) AND (seller's
| ||||||
18 | telephone number) NO LATER THAN MIDNIGHT OF | ||||||
19 | ...........(date).
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20 | I HEREBY CANCEL THIS TRANSACTION.
| ||||||
21 | (Date)............
| ||||||
22 | ..................
| ||||||
23 | (Buyers Signature)"
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24 | The written "Notice of Cancellation" may be sent by the | ||||||
25 | consumer
to the
seller to cancel the contract. The 45-day | ||||||
26 | period
does not commence until the consumer is furnished the |
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1 | Notice
of Cancellation
and
the address and phone number at | ||||||
2 | which such notice to the seller can be given.
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3 | If the conditions of this Section are met, the seller must | ||||||
4 | return to the
consumer the amount of any payment
made or | ||||||
5 | consideration given under
the contract or for the merchandise | ||||||
6 | less a nonrefundable
restocking fee.
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7 | It is an unlawful practice
for a seller to: (1) hold a | ||||||
8 | consumer responsible for any liability or
obligation under any | ||||||
9 | mail order transaction if the consumer claims not to have
| ||||||
10 | received the merchandise unless the merchandise was sent by | ||||||
11 | certified mail or
other delivery method by which the seller is | ||||||
12 | provided with proof of delivery; (2) fail,
before
furnishing | ||||||
13 | copies of the "Notice of Cancellation" to the
consumer, to | ||||||
14 | complete both copies by entering the name of the seller, the
| ||||||
15 | address of the seller's place of business, the seller's | ||||||
16 | telephone number,
the date of the mailing, and the date, not | ||||||
17 | earlier
than the 45th
business
day following the date of the | ||||||
18 | mailing, by which the
consumer may give notice
of cancellation; | ||||||
19 | (3) include in any contract or receipt any
confession of
| ||||||
20 | judgment or any waiver of any of the rights to which the | ||||||
21 | consumer is entitled
under this Section including specifically | ||||||
22 | his right to cancel the
sale in accordance with the provisions | ||||||
23 | of this Section; (4)
misrepresent
in any manner the consumer's | ||||||
24 | right to cancel; (5) use any undue
influence,
coercion, or any | ||||||
25 | other wilful act or representation to interfere with the
| ||||||
26 | consumer's exercise of his rights under this Section; (6) fail |
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| |||||||
1 | or
refuse
to honor any valid notice of
cancellation and return | ||||||
2 | of
merchandise
by a consumer and, within 10
business
days after | ||||||
3 | the receipt of such
notice and merchandise
pertaining to such | ||||||
4 | transaction,
to (i) refund payments made
under
the contract or | ||||||
5 | sale, (ii) return any goods or property traded in, in
| ||||||
6 | substantially as good condition as when received by the person, | ||||||
7 | (iii)
cancel and return any negotiable instrument executed by | ||||||
8 | the consumer in
connection with the contract or sale and take | ||||||
9 | any action necessary or
appropriate to terminate promptly any | ||||||
10 | security interest created in the
transaction; (7) negotiate, | ||||||
11 | transfer, sell, or assign any note or
other
evidence of | ||||||
12 | indebtedness to a finance company or other third party prior to | ||||||
13 | the 50th business day following the day of the
mailing;
or (8) | ||||||
14 | fail to provide the consumer of a hearing instrument with | ||||||
15 | written
information stating the name, address, and telephone | ||||||
16 | number of the Department
and informing the consumer that | ||||||
17 | complaints regarding hearing instrument goods
or services may | ||||||
18 | be made to the Department.
| ||||||
19 | (h) The organization employs only licensed
hearing
| ||||||
20 | instrument dispensers in the
dispensing of hearing instruments | ||||||
21 | and files with the Department,
by
January 1 of
each year, a | ||||||
22 | list of all licensed hearing instrument dispensers
employed by | ||||||
23 | it.
| ||||||
24 | (Source: P.A. 89-72, eff. 12-31-95 .)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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