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House approves 30‑day hearing‑aid trial period after debate over 'cause' amendment

Utah House of Representatives · January 28, 1998
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Summary

The Utah House on Jan. 28 passed HB78, establishing a 30‑day testing period for hearing aids to protect consumers; an amendment to narrow the return right from 'any reason' to 'for cause' failed after legal counsel warned the change would undercut the bill's purpose.

The Utah House of Representatives on Jan. 28 approved House Bill 78, which establishes a 30‑day testing period for hearing aids to allow consumers — particularly seniors — time to determine whether a device works for them.

Supporters, led by sponsor Representative Lorraine Pace, cited industry backing and consumer protection as the bill’s core purpose. "A 30 day testing period is a reasonable request," Pace said, adding that audiologists, the Hearing Instrument Board and other stakeholders support the measure and that many hearing‑aid providers already offer testing periods.

An amendment from Representative Short sought to change the bill’s language from a "30 day right to cancel the purchase for any reason" to a right to cancel "for cause," arguing that "any reason is too broad" and that the amendment would be a safeguard for sellers and consumers. Pace responded that legal counsel had advised the House that introducing a "cause" standard would create subjectivity and require proof of cause in many cases, which could defeat the bill’s intent to ensure practical access to testing time. "If the hearing aid just isn't working for that individual, how do they prove that except you get inside their head?" Pace said.

Other members debated the appropriate fitting window; Representative Bradshaw said some fittings can take months and that 30 days may be too short, while Representative Murray, speaking as a hearing‑aid user, said a 30‑day trial was important to judge whether the device suited the wearer. The sponsor and several supporters warned against predatory sellers who offer no trial period and urged passage to protect vulnerable buyers.

The House voted to reject the "cause" amendment, and HB78 passed the floor with a recorded tally of 58 yes and 13 no votes. The bill will be forwarded to the Senate for further consideration.

The next steps for HB78 are routine: transmission to the Senate and any subsequent Senate consideration or amendment. The House record shows the bill was placed on the second‑reading and third‑reading calendars before final passage on the floor.