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AG sues hearing aid business

Owners accused of preying on customers

HARRISBURG — The state attorney general's office is suing the owners of a Freeport hearing aid business.

James and Catherine Kocher, owners of Digital Hearing Solutions, stand accused of preying on customers by, among other things, selling hearing aids to people who did not need them.

"These businesses allegedly preyed on older residents, using high-pressure sales tactics to convince consumers to buy products that they may not have needed — in some cases telling seniors they would go deaf without hearing aids," Attorney General Tom Corbett said in a written statement Monday.

The lawsuit was filed in the state Commonwealth Court in Harrisburg after the attorney general's office reportedly received complaints from 50 customers.

Nils Frederiksen, a spokesman for the attorney general, said none of the complaints were made by residents of Butler County.

"But we believe there are more victims out there who may not even know they are victims until they read this," Frederiksen said, noting complaints came from residents of counties surrounding Butler, including Allegheny, Westmoreland and Clarion.

Corbett said the defendants "allegedly used 'hearing screenings' at community centers and senior residential complexes to contact a large number of older consumers, pushing products at inflated prices or using high-interest financing that topped 20 percent or more."

The Kochers and their businesses are accused of violating Pennsylvania's Hearing Aid Law, Consumer Protection Law and Credit Services Act, including:

• Failing to adequately test consumers' hearing before the sale of a hearing aid

• Selling used hearing aids as new products

• Failing to provide state-required receipts and disclosures

• Not properly notifying hearing aid purchasers of the mandatory 30-day money back guarantee for all hearing aids sold in Pennsylvania

• Failing to provide consumers with the required 3-day notice of cancellation for sales that occurred in consumers' homes

• Not providing consumers with full information about credit applications and financing, or failing to tell consumers about their 5-day right to cancel credit service contracts

• Collecting full payment before completing all services.

The lawsuit asks the court to order the Kochers and their businesses to pay restitution to consumers who have suffered losses, along with civil penalties of up to $5,000 for each violation.

The lawsuit also requests the Kochers and their businesses be prohibited from operating as hearing aid fitters or sellers in Pennsylvania until all restitution, penalties and court costs are paid.

The Kochers, who have a listed address of 117 Horseshoe Drive, Freeport, Armstrong County, could not be reached for comment. Telephone numbers for them and their companies were no longer in service.

The lawsuit says in addition to Digital Hearing Solutions, the Kochers operated under business names of Tritan Financial of Freeport and Digital Hearing Center in Westmoreland County.

Consumers who believe they have been victimized may call the attorney general's Health Care Hotline at 877-888-4877 or submit an online heath care complaint using the attorney general's website at www.attorney general.gov

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