(225 ILCS 50/6) (from Ch. 111, par. 7406)

(Text of Section before amendment by P.A. 103-495)

(Section scheduled to be repealed on January 1, 2026)

Sec. 6. Mail order and Internet sales.

Nothing in this Act shall prohibit
a corporation, partnership,
trust, association, or other organization, maintaining an established
business
address, from engaging in the business of selling or offering for sale hearing
instruments at retail by mail or by Internet to persons 18 years of age or older
who have not
been examined
by a licensed physician or tested by a licensed hearing instrument
dispenser provided that:

(a) The organization is registered by the Department prior
to engaging
in business in this State and has paid the fee set forth in
this
Act.

(b) The organization files with the Department, prior to
registration
and annually thereafter, a Disclosure Statement containing the following:

(1) the name under which the organization is doing or intends to do business and the

name of any affiliated company which the organization recommends or will recommend to persons as a supplier of goods or services or in connection with other business transactions of the organization;

(2) the organization's principal business address and the name and address of its agent

in this State authorized to receive service of process;

(3) the business form of the organization, whether corporate, partnership, or otherwise

and the state or other sovereign power under which the organization is organized;

(4) the names of the directors or persons performing similar functions and names and

addresses of the chief executive officer, and the financial, accounting, sales, and other principal executive officers, if the organization is a corporation, association, or other similar entity; of all general partners, if the organization is a partnership; and of the owner, if the organization is a sole proprietorship, together with a statement of the business background during the past 5 years for each such person;

(5) a statement as to whether the organization or any person identified in the

disclosure statement:

(i) has during the 5 year period immediately preceding the date of the disclosure

statement been convicted of a felony, pleaded nolo contendere to a felony charge, or been held liable in a civil action by final judgment, if such felony or civil action involved fraud, embezzlement, or misappropriation of property, and a description thereof; or

(ii) is subject to any currently effective injunctive or restrictive order as a

result of a proceeding or pending action brought by any government agency or department, and a description thereof; or

(iii) is a defendant in any pending criminal or material civil action relating to

fraud, embezzlement, misappropriation of property or violations of the antitrust or trade regulation laws of the United States or any state, and a description thereof; or

(iv) has during the 5 year period immediately preceding the date of the disclosure

statement had entered against such person or organization a final judgment in any material civil proceeding, and a description thereof; or

(v) has during the 5 year period immediately preceding the date of the disclosure

statement been adjudicated a bankrupt or reorganized due to insolvency or was a principal executive officer or general partner of any company that has been adjudicated a bankrupt or reorganized due to insolvency during such 5 year period, and a description thereof;

(6) the length of time the organization and any predecessor of the organization has

conducted a business dealing with hearing instrument goods or services;

(7) a financial statement of the organization as of the close of the most recent fiscal

year of the organization. If the financial statement is filed later than 120 days following the close of the fiscal year of the organization it must be accompanied by a statement of the organization of any material changes in the financial condition of the organization;

(8) a general description of the business, including without limitation a description of

the goods, training programs, supervision, advertising, promotion and other services provided by the organization;

(9) a statement of any compensation or other benefit given or promised to a public

figure arising, in whole or in part, from (i) the use of the public figure in the name or symbol of the organization or (ii) the endorsement or recommendation of the organization by the public figure in advertisements;

(10) a statement setting forth such additional information and such comments and

explanations relative to the information contained in the disclosure statement as the organization may desire to present.

(b-5) If  a device being sold does not meet the definition of a hearing instrument or hearing device as stated in this Act, the organization shall include a disclaimer in all written or electronic promotions. The disclaimer shall include the following language:

"This is not a hearing instrument or hearing aid as defined in the Hearing Instrument

Consumer Protection Act, but a personal amplifier and not intended to replace a properly fitted and calibrated hearing instrument.".

(c) The organization files with the Department prior to
registration
and annually thereafter a statement that it complies with
the Act, the rules
issued pursuant to it, and the regulations of the Federal Food and Drug
Administration and the Federal Trade Commission insofar as they are applicable.

(d) The organization files with the Department at the time
of
registration an irrevocable consent to service of process authorizing the
Department and any of its successors to be served any notice, process, or
pleading in any action or proceeding against the organization
arising out
of or in connection with any violation of this Act.  Such service shall
have the effect of conferring personal jurisdiction over such organization
in any court of competent jurisdiction.

(e) Before dispensing a hearing instrument to a resident
of this State, the organization informs the prospective users that they
need the following for proper fitting of a hearing instrument:

(1) the results of an audiogram performed within the past 6 months by a licensed

audiologist or a licensed hearing instrument dispenser; and

(2) an earmold impression obtained from the prospective user and taken by a licensed

hearing instrument dispenser or licensed audiologist.

(f) The prospective user receives a medical evaluation or
the organization affords the prospective user an opportunity
to waive the medical
evaluation requirement of Section 4 of this Act and the testing requirement of
subsection (z) of Section 18, provided that
the
organization:

(1) informs the prospective user that the exercise of the waiver is not in the user's

best health interest;

(2) does not in any way actively encourage the prospective user to waive the medical

evaluation or test; and

(3) affords the prospective user the option to sign
the following
statement:

"I have been advised by .......... (hearing instrument dispenser's name) that the

Food and Drug Administration and the State of Illinois have determined that my best interest would be served if I had a medical evaluation by a licensed physician, preferably a physician who specialized in diseases of the ear, before purchasing a hearing instrument; or a test by a licensed audiologist or licensed hearing instrument dispenser utilizing established procedures and instrumentation in the fitting of hearing instruments.  I do not wish either a medical evaluation or test before purchasing a hearing instrument."

(g) Where a sale, lease, or rental of hearing instruments is sold or contracted
to be sold to a consumer by mail order, the consumer may
void the contract or sale by notifying the seller within
45 business days following that day on which the hearing
instruments were mailed by the seller to the consumer and by
returning to the seller in its original condition any hearing
instrument
delivered to the consumer under the contract or sale.
At the time the hearing instrument is
mailed, the seller shall furnish the consumer
with a fully completed receipt or copy of any contract pertaining to the
sale that contains a "Notice of Cancellation" informing the
consumer that he or she
may cancel the sale at any time within 45 business days and
disclosing the
date of the mailing and the name,
address, and telephone number
of the seller. In immediate proximity to the space reserved in the
contract
for the signature of the consumer, or on the front page of the receipt if
a contract is not used, and in bold face type of a minimum size of 10
points, there shall be
a statement in substantially the following form:

"You, the buyer, may cancel this transaction at any time prior to midnight of the 45th

business day after the date of this transaction.  See the attached notice of cancellation form for an explanation of this right."

Attached to the receipt or contract shall be a completed form in
duplicate,
captioned "NOTICE OF CANCELLATION" which shall be easily detachable and
which shall contain in at least 10 point bold face type the following
information
and statements in the same language as that used in the contract:

"NOTICE OF CANCELLATION

enter date of transaction

.........................

(DATE)

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION

NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), AT (address of seller's place of business) AND (seller's telephone number) NO LATER THAN MIDNIGHT OF ...........(date).

I HEREBY CANCEL THIS TRANSACTION.

(Date)............
..................
(Buyers Signature)"

The written "Notice of Cancellation" may be sent by the consumer
to the
seller to cancel the contract.  The 45-day period
does not commence until the consumer is furnished the Notice
of Cancellation
and
the address and phone number at which such notice to the seller can be given.

If the conditions of this Section are met, the seller must return to the
consumer the amount of any payment
made or consideration given under
the contract or for the merchandise less a nonrefundable
restocking fee.

It is an unlawful practice
for a seller to: (1) hold a consumer responsible for any liability or
obligation under any mail order transaction if the consumer claims not to have
received the merchandise unless the merchandise was sent by certified mail or
other delivery method by which the seller is provided with proof of delivery; (2) fail,
before
furnishing copies of the "Notice of Cancellation" to the
consumer, to complete both copies by entering the name of the seller, the
address of the seller's place of business, the seller's telephone number,
the date of the mailing, and the date, not earlier
than the 45th
business
day following the date of the mailing, by which the
consumer may give notice
of cancellation; (3) include in any contract or receipt any
confession of
judgment or any waiver of any of the rights to which the consumer is entitled
under this Section including specifically his right to cancel the
sale in accordance with the provisions of this Section; (4)
misrepresent
in any manner the consumer's right to cancel; (5) use any undue
influence,
coercion, or any other wilful act or representation to interfere with the
consumer's exercise of his rights under this Section; (6) fail or
refuse
to honor any valid notice of
cancellation and return of
merchandise
by a consumer and, within 10
business
days after the receipt of such
notice and merchandise
pertaining to such transaction,
to (i) refund payments made
under
the contract or sale, (ii) return any goods or property traded in, in
substantially as good condition as when received by the person, (iii)
cancel and return any negotiable instrument executed by the consumer in
connection with the contract or sale and take any action necessary or
appropriate to terminate promptly any security interest created in the
transaction; (7) negotiate, transfer, sell, or assign any note or
other
evidence of indebtedness to a finance company or other third party prior to the 50th business day following the day of the
mailing;
or (8) fail to provide the consumer of a hearing instrument with written
information stating the name, address, and telephone number of the Department
and informing the consumer that complaints regarding hearing instrument goods
or services may be made to the Department.

(h)  The organization employs only licensed
hearing
instrument dispensers in the
dispensing of hearing instruments and files with the Department,
by
January 1 of
each year, a list of all licensed hearing instrument dispensers
employed by it.

(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)

(Text of Section after amendment by P.A. 103-495)