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Hearing aid manufacturers' payback point restraints imposed by the BGH

Advertisement of hearing aid purchases with reward points: The Federal Court of Justice evaluates its legality

Hearing aid manufacturers' refund limits set by BGH declared
Hearing aid manufacturers' refund limits set by BGH declared

Hearing aid manufacturers' payback point restraints imposed by the BGH

In a recent decision, the German Federal Court of Justice (BGH) has set limits on the promotion of bonus points for the purchase of hearing aids. The BGH, which is the highest court in Germany for civil and criminal matters, has established that only immediate price reductions on the product are excluded, and the value of these bonus points must be so low that it has no influence on the purchasing decision.

Hearing aids are considered medical devices, allowing for price competition. However, the advertising of Payback points for hearing aids was not specifically mentioned in the BGH's decision. Companies may only advertise a credit of up to one euro in value for hearing aids.

The presiding judge Thomas Koch stated that only immediate price reductions on the product are excluded. This means that any other monetary advantages, such as Payback points, are not covered by the exceptions. Due to the general price increase, the Higher Regional Court (OLG) Hamburg opted for a higher limit of five euros for hearing aids in the first instance.

The BGH's decision does not apply to the legality of collecting Payback points for other products. It is also important to note that there is no explicit Federal Court of Justice ruling cited in the available sources that prohibits hearing aid retailers in Germany from offering bonus points exceeding one euro.

Legally, bonus point programs are likely permitted if they comply with the Act Against Unfair Competition and other relevant consumer protection laws and do not amount to misleading or unfair inducements. Specific legal risks would depend on the details of the offer, the transparency of terms, and regulatory compliance related to medical device marketing.

For precise compliance, hearing aid retailers should consult specialized legal counsel to ensure their bonus point offers meet all applicable German laws and any relevant court rulings or regulations directly governing medical device promotions. It is worth noting that the BGH considers Payback points to be merely an expression of general customer satisfaction and not a factor influencing the purchasing decision.

In conclusion, while the BGH has set limits on the promotion of bonus points for hearing aids, there is currently no explicit ruling prohibiting bonus points exceeding one euro for hearing aid purchases. Retailers should exercise caution and seek legal advice to ensure compliance with all relevant laws and regulations.

  1. The science of audiology, dealing with medical conditions related to hearing, falls under the health-and-wellness and medical-conditions categories.
  2. The promotion of bonus points for hearing aids, which are considered medical devices, may only be a minimal credit of up to one euro, according to the German Federal Court of Justice (BGH).
  3. In the German industry, finance, or business sector, the advertising of additional monetary advantages, such as Payback points, for hearing aids is subject to specific regulations set by the BGH.
  4. Compliance with the Act Against Unfair Competition, consumer protection laws, and regulations governing medical device marketing is crucial for therapies-and-treatments and products within the health-and-wellness industry to avoid legal risks.

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