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Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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6/3/15 My husband and I had our hearing tested at the local

Customer Question

6/3/15 My husband and I had our hearing tested at the local Beltone office-it was determined that we both needed hearing aids. We were given a summary of charges that was(bill of sale???) that itemized the cost. it was never signed by the seller or his representative-but was submitted to our insurance company. 6/6/15 we returned to pick them up-MICKY emphasized the 30 day trial period. We returned on 6/24/15 to return then-we did not feel that they were providing us with better hearing. Micky kept saying that we should try then for the 30 days period. Never did he state 6/3, 6/6, or 6/24 that that there was a 20% preparation fee! Each person aid was 6715.50=13,431. 20% =2640. A credit was processed for10,560 after requesting it several times. We also had a call from receptionist at the local office 6/29/15 to pick up our aids.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

If the 20% fee was not disclosed on the sales agreement (the paperwork you received at the time you ordered your hearing aids), the company cannot enforce this charge.

If you are unsuccessful with working with customer service, you can try the BBB - the BBB is fast, free to consumers, and is often successful (all disputes result in a public report so many businesses work hard to create a positive resolution): bbb.org/consumer-complaints/file-a-complaint/get-started

If you believe that they are charging the amount unfairly, or engaged in unfair business practices, you can report the matter to your state's attorney general, consumer complaint division (the AG does not prosecute individual claims so they will not get your money back for you, but they will investigate and potentially take administrative and/or criminal enforcement action against the vendor).

Customer: replied 1 year ago.
Can I file a claim at the small claims office?
Expert:  CalAttorney2 replied 1 year ago.

If the fee is not disclosed in the paperwork you have a "breach of contract" claim. If the fee is disclosed you do not and you are going to have to rely on pressure of customer service and good public relations to get them to refund you this money.

Even if you do have a solid claim, I would recommend the less time consuming and expensive remedies first (an unsuccessful BBB claim does not compromise a small claims action).