{"data":{"id":"us-ky/krs-334a.207","jurisdiction":"us-ky","citation":"KRS 334A.207","heading":"Client's right to cancel -- Procedure.","body":"(1) The client in a hearing instrument purchase has the right to cancel the purchase for\nany reason at any time prior to midnight of the thirtieth calendar day after actual\nreceipt of the hearing instrument.\n(2) Cancellation occurs when the client gives writte n notice of cancellation to the seller\nat the address stated in the notice and statement of the client's right to cancel as\nprovided in subsection (5) of this section.\n(3) Notice of cancellation, if given by mail, is given when it is deposited in the mail\nproperly addressed and postage prepaid.\n(4) Notice of cancellation given by the client need not take a particular form and is\nsufficient if it indicates in writing the intention of the client not to be bound by the\nhearing instrument sale.\n(5) In the sale of a hearing instrument, the seller shall present to each client, at the time\nthe client assumes any financial obligation regarding the purchase of a hearing\ninstrument, a written notice and statement of the client's right to cancel which shall:\n(a) Appear under the conspicuous caption, \"CLIENT'S RIGHT TO CANCEL\nWITHIN 30 DAYS\"; and\n(b) Contain the following specific statement in all capital letters in no smaller\ntype than the largest used in the body copy portion of the written agreement,\noffer to purchase, or receipt: \"THE CLIENT HAS THE RIGHT TO CANCEL\nTHIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO\nMIDNIGHT OF THE 30TH CALENDAR DAY AFTER ACTUAL RECEIPT\nOF THE HEARING INSTRUMENT(S). YOU MAY CANCEL THE\nPURCHASE BY NOTIFYING THE SELLER THAT YOU DO NOT WA NT\nTHE HEARING INSTRUMENT(S) BY MAILING A NOTICE BEFORE\n................ TO THE SELLER AT: ............... UPON CANCELLATION, THE\nSELLER MAY KEEP UP TO 10% OF THE SELLING PRICE.\"\n(6) The seller shall enter on the notice and statement presented under subsec tion (5) of\nthis section the:\n(a) Date which is thirty (30) calendar days after the client receives the hearing\ninstrument;\n(b) Seller's full name and address; and\n(c) Cancellation charges allowed by this section.\n(7) Until the seller has complied with this section, the client may cancel the purchase by\nnotifying the seller in any manner and by any means of his or her intention to\ncancel.\n(8) Within fifteen (15) days after the return of the hearing instrument and any other\ngoods or property delivered by the seller pursuant to the sale by the client, the seller\nshall tender to the client any payments made by the client, less any amount retained\nby the seller to repair damage to the hearing instrument due to a lack of reasonable\ncare of the hearing instrument purchased, and terminate all financial obligations\ncreated in connection with the purchase of the canceled hearing instrument or\ninstruments by the client.\n(9) If payment by the client includes any goods or property traded in,  the goods or\nproperty shall be tendered to the client in substantially as good condition as when\nthey were received by the seller. If the seller fails to tender the goods or property as\nprovided by this subsection, the client may elect to recover an amoun t equal to the\ntrade-in allowance for the goods or property.\n(10) This section shall not apply to a sale of a hearing instrument that replaces a\ndamaged or unworkable hearing instrument when the replacement hearing\ninstrument is identical to the damaged or unworkable hearing instrument.\n(11) Until the seller has complied with this section, the client may retain possession of\nall goods or property delivered to him or her by the seller and has a lien on the\ngoods or property in his or her possession or control for any recovery to which he or\nshe is entitled.\n(12) The client shall take reasonable care of the goods, as defined by the board through\nthe promulgation of administrative regulations, in his or her possession before\ncancellation and for a reasonable time thereafter until delivered to the seller.\n(13) Any waiver by the client of rights provided in this section shall be void and shall\nnot operate to relieve the seller of any obligation placed upon him or her by this\nsection.\n(14) Nothing in this section s hall in any way limit the right to cancel home solicitation\nsales pursuant to KRS 367.410 to 367.460.","path":["KRS Chapter 334A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52585","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:24Z","sha256":"297cdf37e8340878fe509163784ad9cd30f893f2d9ca9b49188c36177382be91","source_id":"us-ky","stale":false,"prev":"us-ky/krs-334a.205","next":"us-ky/krs-334a.209"},"notice":"GroundRules: Original legal text. Not legal advice."}
