HARRISBURG – A former Lycoming County hearing aid service and its operator have agreed to provide full restitution to consumers and permanently surrender their fitter registration to resolve claims that consumers were not granted refunds after the business closed.
Attorney General Tom Corbett said that the Attorney General’s Elder Abuse Unit filed an Assurance of Voluntary Compliance with Artisan Hearing Services, Incorporated and its president, Jessica Fuller. Artisan Hearing Services was previously located at 315 Broad St., Montoursville.
Fuller served as the president, secretary, treasurer and sole shareholder of Artisan Hearing Services before the company went out of business.
Corbett said that Artisan Hearing Services allegedly failed to refund the purchase price of hearing aids to consumers, most of whom were elderly, after the business fell into financial difficulty.
Additionally, Artisan Hearing Services failed to abide by the terms of all written guarantees or warranties given to consumers and failed to keep records for all consumers after the sale of hearing aids. Fuller also allegedly used Artisan corporate funds to pay for some personal expenses.
Artisan Hearing Services ran into financial difficulty and formally closed its business in March 2007.
Corbett said that Artisan Hearing Services failed to comply with the 30-day money- back guarantees required by the Hearing Aid Sales Registration Law.
According to the Hearing Aid Sales and Registration Law, if a consumer returns a hearing aid within the first 30 days, the seller is prohibited from charging fees that are more than 10 percent of the purchase price or $150, whichever is less.
“In one instance an 85 year-old woman purchased hearing aids from Fuller and returned the aids within the 30-day money-back trial period, but she did not receive a refund,” Corbett said. “This consumer has been forced to function without hearing aids because she cannot afford new ones until her money is fully refunded.”
Under the terms of the agreement Artisan Hearing Services agrees to:
-Provide full restitution to consumers.
-Pay $4,000 in costs and civil penalties.
-Surrender their Hearing Aid Fitter Registration to the Department of Health and agree not to practice.
Consumers who believe that they are entitled to restitution in this case can file a Health Care claim by Nov. 5, 2007. Claims may be filed via the Attorney General’s Web site or by calling the toll-free Health Care Hotline at 1-877-888-4877 or Elder Abuse Unit Hotline at 1-866-623-2137.
The case was handled by Deputy Attorney General Nicole VanOrder of the Attorney General’s Health Care Section, which is part of the Attorney General’s Elder Abuse Unit.