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My state has a 3-day right to cancel certain consumer contracts which I already know about.  It is here:  https://docs.legis.wisconsin.gov/statutes/statutes/423

 

My neighbor invited a home improvement company to his home to give him an estimate on replacing his gutters and installing gutter leaf guards.   He haggled with the guy who was giving him the estimate and negotiated a price somewhat less than what the estimate originally was going to be.  Then he signed a contract to have the work done.  Now he's had a change of heart and wants to cancel the contract.  He said the merchant didn't give him a notice of his right to cancel.

 

I believe that it's because he doesn't have a right to cancel, at least not under the WI law cited above.  He believes its because the merchant is crooked.

 

I could be all wet.  I'm not a lawyer.  But I believe that because my neighbor called the merchant at the merchant's place of business to request an estimate, the fact that the merchant had to come to his home to look at it in order to give the estimate might not necessarily trigger the "right to cancel" because the transaction was not "initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer."  I don't think the fact that they haggled over the price in the neighbor's driveway changes the fact that it was my neighbor who initiated the transaction by calling the merchant at the merchant's place of business.

 

It would be great if I were wrong.  Am I?

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11 hours ago, FormerLegalSecy said:

It would be great if I were wrong.  Am I?

 

No. Not wrong.

 

With regard to just that WI statute the homeowner does not have a right of rescission.

 

The transaction is not a "consumer approval transaction" as defined by the statute:

 

Quote

 

(a) Is initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer; and

(b) Is consummated or in which the customer's offer to contract or other writing evidencing the transaction is received by the merchant away from a regular place of business of the merchant and involves the extension of credit or is a cash transaction in which the amount the customer pays exceeds $25.

 

 
The word "and" means that both parts of the definition must exist and part (a) certainly does not since the homeowner is the one that initiated the transaction.
 
 

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I had visited a hearing aide store around the corner from my office and inquired the pricing of the hearing aides. I had stated that I had a set but had lost one. I let them know what insurance I had and they asked me to leave my name and phone number as well as a copy of my insurance card. they stated that they would contact the insurance company to find out what I would be elig for price wise. I received a call that same afternoon stating that my coverage was good and that I would have no out of pocket expense. and the person made me an appointment for me and my husband was to attend as well.

 

I purchased a hearing aide in March 2019. when my husband and I were in the office the person who gave me the hearing test explained to me my hearing loss. and she explained to me which one would work best for my hearing loss. she was typing on the computer and was stating to me that I have very good insurance. I had also brought with me the one hearing aide that I had purchased a few years back as well as one that my mother had used prior to her death. she took both in for a trade in towards the purchase. she then went and got some paperwork from her printer and stated prior to giving it to me not to be surprised at the cost of the hearing aide. when I looked at the price I said is this a misprint. the total amount was 11,244.25. she had then stated that the insurance would cover all of this and what ever they didn't the trade in would cover. she also waived the shipping and handling charge she reported to me.

 

I picked up the hearing aide in April 2019 the 15th it was my birthday. at that time she didn't report to me that I owed any amount or that I would owe an amount if the insurance didn't pay. she adjusted them and gave me the blue tooth devise and I went home.

I was going through my mail this last week end and happened to see a letter from the hearing place. I opened it up and to my surprise it's a bill from them stating that the bill was over 90 days old. and the amount I owed them was 7243.48. I was in shock. I called and left a voicemail message and I wasn't to nice. I let them know that I would never have order anything of this price knowing that I would have to pay out of pocket this large amount.

I called the hearing aide office on Monday morning a spoke with the front desk person who stated that she had received the message and that she wasn't here at that time and she would need to sit down with the person who did my hearing test and placed the order. she stated that most of the time if the insurance company doesn't pay then they appeal it.

when I looked at the billing statement I noticed that the insurance company paid them on 05/03/19. if they received payment from the insurance then this balance would not be over 90 days. if they stated it was over 90 days from the date in which I received the hearing aide and not when the insurance paid them then they knew how much the insurance company was going to pay and how much I would be owing. I know that the insurance company would tell them how much they would cover since the last place I got my hearing aides from knew the amount and what I would have to pay and the end.

when the front desk person called me back later in the afternoon yesterday after speaking with the person who gave me the test and ordered them stated that it's just like she thought that I would have to appeal the amount that when they called the insurance company they didn't tell them the amount that would be covered and they assumed that it was the same and the prior year coverage which was 90%. she stated that she would be happy to write the appeal for me that I needed to call and let her know. but if they don't pay then it would be my cost.

 

this is not what was told at the time I signed the paper work. I can't afford to pay this amount.

 

when I spoke with the front desk person the first time I had said that I was sorry for leaving such a bitchy voicemail but to get a bill like I did was a total shock. she stated at that time that she was used to it she stated that she has to make a lot of calls letting people know about the amount they owe.

 

I let her know when I spoke with her the first time that I have all the equipment that came with the hearing aides and would be more than happy to bring everything back. she didn't want that.

e

I think this is insurance fraud or customer fraud, or misestimation what was to be paid by each party.

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1 hour ago, lambert's said:

I had visited a hearing aide store around the corner from my office and inquired the pricing of the hearing aides.

 

This doesn't appear to have anything to do with the subject of this year-old thread.  I also don't see a question in your very long post.  I suggest you start a new thread and be sure to ask whatever questions you have.

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