Legal Question in Consumer Law in Missouri

Hearing Aids Return

I purchased a pair of hearing aids in Springfield, MO. After trying them for three months and having them remade and readjusted twice (agreed to as part of the sale), the dealer who makes his own instruments informs me that I cannot return them if they are unsatisfactory, even though we both agreed on the criteria that needed to be met for my particular hearing needs. He states that for the past 12 years, his policy is for no returns; only readjustments or modifications are allowed. Can he really refuse to return, even a portion of the $2800 I have paid him? Thank you for your help.


Asked on 1/12/05, 1:12 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Hearing Aids Return

You have a remedy under the Missouri Merchandising Practices Act, and under the Uniform Commercial Code for revocation of acceptance. If the product is substantially impaired as to you, you can return it.

Your case is within the jurisdiction of the small claims court (< 3000) and you should consider suing to enforce your rights.

Good luck.

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Answered on 1/12/05, 1:24 pm


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