Members of the Texas Hearing Aid Association have filed a federal class-action lawsuit against Wal-Mart Stores Inc. based on claims that the world's largest retailer sells hearing aids without the state-mandated license.
The trade group is seeking to stop Wal-Mart's hearing aid sales immediately, in addition to asking the court to require the return of profits from prior sales.
"Wal-Mart knew it was required under Texas state law to become licensed in order to dispense hearing aids in Texas stores, yet the corporation has failed to take all necessary steps to ensure their ability to do so," said attorney Bill Chamblee, managing partner of Dallas-based Chamblee, Ryan, Kershaw & Anderson and lead counsel for the hearing aid group.
Chamblee said the Bentonville-based retail giant has chosen profits over the health interests of 3.8 million Texans suffering hearing loss.
The group advocates that a licensed hearing professional give a complete examination of the patient's auditory health in order to detect infections and other problems that aren't addressed by simply wearing a hearing aid.
Wal-Mart said its mission is to help people save money so they live better and one way they do that is offer affordable hearing aids at select locations.
“While a medical exam is recommended before purchasing a hearing aid, under federal law, adults have the option to waive an exam before buying them. We offer our customers that option, although we do require a signed waiver indicating that they have elected to purchase them without the benefit of an exam,” said Wal-Mart spokesman Dan Fogleman.