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Unsolicited consumer agreements

39 established claims - 25 refused by the grounding gate

Documented position18

What the body that runs or defines the thing says in its own documentation.

#

Regarding unsolicited consumer agreements, the ACCC states that the current maximum penalty for a breach of the Australian Consumer Law rules applying to unsolicited sales is…

  • $50,000 for a corporation.
  • $10,000 for an individual.
other
1 quote from 1 source
The current maximum penalty for a breach of the rules in the Australian Consumer Law applying to unsolicited sales is $50,000 for a corporation and $10,000 for an individual.
#
  • The ACCC recommends that the cooling off period for unsolicited consumer agreements be replaced with an opt-in model.
  • Frequent breaches of existing restrictions on unsolicited consumer agreements are the reason for the ACCC's recommendation to replace the cooling off period with an opt-in model.
other
1 quote from 1 source
Because of the frequent breaches of existing restrictions, we recommend the cooling off period be replaced with an 'opt-in' model.
#

The ACCC states that during the cooling-off period the seller can supply products the consumer has agreed to buy as long as they cost less than $500 including GST.

other
1 quote from 1 source
During the cooling-off period, the seller can supply products the consumer has agreed to buy, as long as they cost less than $500 (including GST).
#

The ACCC states that the cooling-off period becomes six months if the salesperson does not tell the consumer about the cooling-off period.

other
2 quotes from 1 source
The cooling-off period becomes 6 months if the salesperson:
doesn't tell the consumer about the cooling-off period
#

The ACCC states that telemarketers are only allowed to call consumers on…

  • weekdays between 9 am and 8 pm.
  • Saturdays between 9 am and 5 pm.
other
3 quotes from 1 source
Telemarketers are only allowed to call consumers:
weekdays between 9 am and 8 pm
Saturdays between 9 am and 5 pm.
#

The ACCC states that door-to-door salespeople are only allowed to visit consumers on weekdays between 9 am and 6 pm and on Saturdays between 9 am and 5 pm.

other
3 quotes from 1 source
Door-to-door salespeople are only allowed to visit consumers:
weekdays between 9 am and 6 pm
Saturdays between 9 am and 5 pm.
#

The ACCC states that the unsolicited selling rules do not cover door knockers such as religious groups or charity fundraisers.

other
1 quote from 1 source
The law applies to people selling products and services. It doesn't cover other door knockers such as religious groups or charity fundraisers.
#

The ACCC states that when a consumer buys a product from a store or website there is no automatic right to a cooling-off period.

other
1 quote from 1 source
When a consumer buys a product from a store or website, there is no automatic right to a cooling-off period. The business is not required to give a refund if the consumer simply changes their mind.
#

The ACCC states that after signing a sales agreement the consumer has 10 business days to change their mind.

other
1 quote from 1 source
After signing a sales agreement, the consumer has 10 business days to change their mind.
#

Australian Consumer Law section 82(2) allows the right of termination to be exercised despite affirmation of the agreement by the consumer.

other
3 quotes from 1 source
82 Terminating an unsolicited consumer agreement during the termination period
(a) despite affirmation of the agreement by the consumer; and
(b) even though the agreement has been fully executed.
#

Consumer Affairs Victoria states that a supplier cannot enforce an agreement if the supplier's salesperson has breached the law on unsolicited consumer agreements.

other
1 quote from 1 source
A supplier cannot enforce an agreement if the supplier's agent (salesperson) has breached the law on unsolicited consumer agreements .
#

Consumer Affairs Victoria states that it is an offence to induce, or attempt to induce, consumers to waive their rights.

other
1 quote from 1 source
It is an offence to induce, or attempt to induce, consumers to waive their rights.
#

Consumer Affairs Victoria states that under unsolicited consumer agreements, consumers who initiate or ask somebody to visit them at home do not get a cooling-off period.

other
2 quotes from 1 source
If consumers initiate or ask somebody to visit them at home (for example, calling an electricity company to discuss changing providers, and asking for an agent to visit) this is
In such cases, consumers do not get the same rights, such as a cooling-off period.
#

Consumer Affairs Victoria states that in the event of a dispute the onus is on the business to prove that an agreement is not an unsolicited consumer agreement.

other
1 quote from 1 source
In the event of a dispute, the onus is on the business to prove that an agreement is not an unsolicited consumer agreement.
#

Consumer Affairs Victoria states that a telemarketing sales agreement involves the sale of personal, domestic or household products or services of more than $100 unless the value cannot be determined at the time of making the agreement.

other
1 quote from 1 source
A telemarketing sales agreement involves the sale of personal, domestic or household products or services of more than $100 - unless the value cannot be determined at the time of making the agreement.

Measured finding4

Something someone actually measured, with the method attached.

#

The ACCC's market research found that of respondents who made a purchase over $100 in the last 24 months, only 54.1% of salespeople provided a written copy of the unsolicited consumer agreement.

other
2 quotes from 1 source
with respondents who made a purchase over $100 in the last 24 months reporting that only:
54.1% of salespeople provided a written copy of the agreement
#

The ACCC's market research on unsolicited consumer agreements found that 74.0% of respondents experienced telemarketing in the last 24 months.

other
2 quotes from 1 source
Our market research indicated that in the last 24 months:
74.0% of respondents experienced telemarketing
#

The ACCC states that its review of door-to-door selling, telemarketing and other unsolicited sales practices found businesses are…

  • frequently engaging in high pressure sales practices.
  • breaching existing consumer safeguards.
other
1 quote from 1 source
An ACCC review of door-to-door selling, telemarketing and other unsolicited sales practices has found that businesses are frequently engaging in high pressure sales practices and breaching existing consumer safeguards and consumers are often misled during the sales process.

Practical effect5

What is observed to happen in practice, as distinct from what is documented.

#

In unsolicited consumer agreements, the ACCC's market research found that of respondents who made a purchase over $100 in the last 24 months, only 63.0% of salespeople informed them of the termination period.

other
2 quotes from 1 source
with respondents who made a purchase over $100 in the last 24 months reporting that only:
63.0% of salespeople informed them of the termination period.
#

The ACCC states that its market research found about 30 per cent of consumers surveyed had experienced door-to-door selling in the previous six months.

other
1 quote from 1 source
The ACCC's market research found in the previous six months, 60 per cent of consumers surveyed were subject to telemarketing, 41 per cent had been approached in a public place such as a shopping centre, and about 30 per cent had experienced door-to-door selling.
#

The ACCC found that non-compliance with the unsolicited consumer agreements protections appears to remain widespread despite the enforcement action it has taken since 2011.

medium confidenceother
2 quotes from 1 source
We also note that non-compliance with the unsolicited consumer agreements protections appears to
remain widespread despite the enforcement action the ACCC has taken since 2011
#

The ACCC reports that the Federal Court found that…

  • Superfone breached provisions of the Australian Consumer Law concerning unsolicited consumer agreements.
  • Superfone's breach concerning unsolicited consumer agreements included failing to provide consumers with documentation.
medium confidenceother
2 quotes from 1 source
The Federal Court found Superfone breached various provisions of the ACL including failing to
provide consumers with documentation, accepting payment within the termination period, and

Changed on1

A dated change. This is where advice quietly stops being true.

#

The Australian Consumer Law provides that the unsolicited consumer agreement amendment made by Schedule 4 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 applies only to agreements entered into on or after the day that Schedule commences.

medium confidenceother
1 quote from 1 source
The amendment made by Schedule 4 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 applies in relation to acts or omissions that relate to agreements entered into on or after the day that Schedule commences.

Disputed between sources5

Sources that do not agree, presented without picking a winner.

#
  • LegalVision states that the cooling-off period for an unsolicited consumer agreement is 10 days.
  • The ACCC states that the consumer has 10 business days to change their mind after signing a sales agreement.
other
2 quotes from 2 sources
If a customer enters into an unsolicited consumer agreement with you, a cooling-off period of 10 days will apply.
After signing a sales agreement, the consumer has 10 business days to change their mind.
#
  • Consumer Affairs Victoria describes the restriction on supplying goods over $500 as applying during a 10-day cooling off period.
  • The ACCC says the consumer has 10 business days to change their mind after signing a sales agreement.
medium confidenceother
2 quotes from 2 sources
You must not supply any goods over $500 or any services, or accept any payment under the agreement during the 10-day cooling off period.
After signing a sales agreement, the consumer has 10 business days to change their mind.
#

For unsolicited consumer agreements, the ACCC says telemarketers may call on weekdays until 8 pm.

low confidenceother
3 quotes from 2 sources
weekdays between 9 am and 8 pm
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).
73 Permitted hours for negotiating an unsolicited consumer agreement

Repeated, with no primary source in reach6

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

#

Sprintlaw asserts that in many cases the cooling-off period for an unsolicited consumer agreement is 10 business days from the day after the consumer receives a copy of the agreement.

other
1 quote from 1 source
In many cases, this is 10 business days from the day after the consumer receives a copy of the agreement.
#

Sprintlaw asserts that purchases initiated by the consumer on a business's website are not unsolicited sales.

other
1 quote from 1 source
Purchases initiated by the consumer on your website are not unsolicited sales, but you still must comply with the ACL, especially around accurate advertising and refunds.
#

LegalVision asserts that a cooling-off period of 10 days applies when a customer enters into an unsolicited consumer agreement.

other
1 quote from 1 source
If a customer enters into an unsolicited consumer agreement with you, a cooling-off period of 10 days will apply.
#

LegalVision asserts that the ACCC can…

  • investigate complaints about unsolicited consumer agreements.
  • issue fines if the ACCC agrees with the customer's complaint about unsolicited consumer agreements.
other
1 quote from 1 source
The Australian Competition and Consumer Commission (ACCC) can investigate complaints and issue fines if they agree with the customer's complaint.
#

LegalVision asserts about unsolicited consumer agreements that a door-to-door salesperson who sees a Do Not Knock sign at a person's home must leave the premises immediately.

other
1 quote from 1 source
If you are a door-to-door salesperson and you see a sign at a person's home that says "Do Not Knock", you must leave the premises immediately.

Refused25

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

Australian Consumer Law section 69(1AA) provides that the place of negotiation may be a public place.

Refused: The cited quotes only name section 69 and a legislative note, but do not state section 69(1AA) or that the place of negotiation may be a public place.

Unsupported: provides that the place of negotiation may be a public place

What it rested on
69 Meaning of unsolicited consumer agreement
Note: This subsection was inserted as a response to the decision of the Federal Court of Australia in Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd [2016] FCA 403.

Australian Consumer Law section 69(1AA) was inserted as a response to the Federal Court's decision in Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd.

Refused: The note says a subsection was inserted in response to the decision but does not identify it as 69(1AA), and the heading only shows section 69.

Unsupported: section 69(1AA)

What it rested on
69 Meaning of unsolicited consumer agreement
Note: This subsection was inserted as a response to the decision of the Federal Court of Australia in Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd [2016] FCA 403.

The Australian Consumer Law provides that the amendments to the prohibition on supplies made by Part 6 of Schedule 14 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 apply only to unsolicited consumer agreements made on or after the commencement of that Part.

Refused: The quote states the amendments apply in relation to such agreements, but does not state they apply only to them or mention a prohibition on supplies.

Unsupported: apply only to

What it rested on
The amendments made by Part 6 of Schedule 14 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 apply in relation to unsolicited consumer agreements made on or after the commencement of that Part.

For unsolicited consumer agreements, Australian Consumer Law section 73 prohibits a dealer from calling on a person after 6 pm on any day other than a Saturday, Sunday or public holiday.

Refused: The legislative quote says after 6 pm only for 'any other day' with a different 5 pm Saturday limit, and the ACCC quote lists weekdays as 9 am to 8 pm, so the asserted non-holiday 6 pm cutoff is not established.

Unsupported: after 6 pm on any day other than a Saturday, Sunday or public holiday

What it rested on
weekdays between 9 am and 8 pm
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).
73 Permitted hours for negotiating an unsolicited consumer agreement

The ACCC states that the unsolicited consumer agreement rules do not apply to agreements where the total value is less than $100, no matter how the consumer was approached.

Refused: The quoted fragment says 'apply to agreements...' and does not state the rules do not apply.

Unsupported: do not apply to agreements where the total value is less than $100

What it rested on
apply to agreements where the total value is less than $100, no matter how the consumer was approached.

Australian Consumer Law section 69(1)(d)(ii) sets the threshold for an unsolicited consumer agreement at a total price of more than $100 or such other amount prescribed by the regulations.

Refused: The quotes show section 69's heading and the $100 threshold language but do not identify the specific subsection 69(1)(d)(ii).

Unsupported: Australian Consumer Law section 69(1)(d)(ii)

What it rested on
69 Meaning of unsolicited consumer agreement
if it is ascertainable at that time-is more than $100 or such other amount prescribed by the regulations.

Australian Consumer Law section 69(1)(b) requires that the negotiations occur in each other's presence at a place other than the supplier's business or trade premises, or by telephone.

Refused: The quotes include the presence-at-place alternative but do not state the telephone alternative.

Unsupported: or by telephone

What it rested on
69 Meaning of unsolicited consumer agreement
it is made as a result of negotiations between a dealer and the consumer:
(i) in each other's presence at a place other than the business or trade premises of the supplier of the goods or services; or

Australian Consumer Law section 69(1A) provides that giving a name or contact details other than for the predominant purpose of entering into negotiations does not count as inviting the dealer.

Refused: The quote lists the name/contact-details circumstance but does not state that giving those details outside the predominant purpose does not count as inviting the dealer.

Unsupported: does not count as inviting the dealer

What it rested on
69 Meaning of unsolicited consumer agreement
(a) given his or her name or contact details other than for the predominant purpose of entering into negotiations relating to the supply of the goods or services referred to in subsection (1)(c); or

Australian Consumer Law section 70(1) presumes an agreement to be an unsolicited consumer agreement in a non-criminal proceeding unless another party proves it is not.

Refused: The quotes state the agreement is presumed to be an unsolicited consumer agreement unless another party to the proceeding proves otherwise, but they do not state or entail that this applies only in a non-criminal proceeding.

Unsupported: in a non-criminal proceeding

What it rested on
70 Presumption that agreements are unsolicited consumer agreements
an agreement is presumed to be an unsolicited consumer agreement if:
(b) no other party to the proceeding proves that the agreement is not an unsolicited consumer agreement.

Australian Consumer Law section 73(1) prohibits a dealer from calling on a person to negotiate an unsolicited consumer agreement on a Sunday or public holiday.

Refused: The quotes show only the section heading and time paragraphs, not a prohibition on dealers calling on persons, nor subsection (1).

Unsupported: section 73(1) prohibits a dealer from calling on a person

What it rested on
73 Permitted hours for negotiating an unsolicited consumer agreement
(a) at any time on a Sunday or a public holiday; or
(b) before 9 am on any other day; or
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).

Australian Consumer Law section 73(1) prohibits a dealer from calling on a person to negotiate an unsolicited consumer agreement before 9 am.

Refused: The quotes show section 73 and a time list, but do not include the operative statement that a dealer is prohibited from calling on a person before 9 am.

Unsupported: prohibits a dealer from calling on a person

What it rested on
73 Permitted hours for negotiating an unsolicited consumer agreement
(a) at any time on a Sunday or a public holiday; or
(b) before 9 am on any other day; or
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).

Australian Consumer Law section 73(1) prohibits a dealer from calling on a person to negotiate an unsolicited consumer agreement after 6 pm on any other day.

Refused: The quotes show section 73's heading and the after-6-pm time but do not state the operative prohibition on a dealer calling on a person.

Unsupported: prohibits a dealer from calling on a person

What it rested on
73 Permitted hours for negotiating an unsolicited consumer agreement
(a) at any time on a Sunday or a public holiday; or
(b) before 9 am on any other day; or
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).

Australian Consumer Law section 73(1) prohibits a dealer from calling on a person to negotiate an unsolicited consumer agreement after 5 pm on a Saturday.

Refused: The cited excerpts list hours labeled as permitted but do not state a prohibition or the dealer/calling language.

Unsupported: prohibits a dealer from calling on a person

What it rested on
73 Permitted hours for negotiating an unsolicited consumer agreement
(a) at any time on a Sunday or a public holiday; or
(b) before 9 am on any other day; or
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).

Australian Consumer Law section 75(2) prohibits a dealer who has been asked to leave from contacting the prospective consumer to negotiate an unsolicited consumer agreement for at least 30 days after the request.

Refused: The quotes show a 30-day no-contact obligation after a request to cease negotiating, but do not state the request was to leave.

Unsupported: asked to leave

What it rested on
75 Ceasing to negotiate on request
the dealer must not contact the prospective consumer for the purpose of negotiating an unsolicited consumer agreement (or for an incidental or related purpose) for at least 30 days after the prospective consumer makes the request.

Australian Consumer Law section 82(3)(a) sets the termination period for an agreement not negotiated by telephone as ending at the end of the tenth business day after the day the agreement was made.

Refused: The quotes establish the ten-business-day termination period for non-telephone agreements under section 82 but do not identify subsection 82(3)(a).

Unsupported: section 82(3)(a)

What it rested on
82 Terminating an unsolicited consumer agreement during the termination period
if the agreement was not negotiated by telephone-the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made;

Australian Consumer Law section 82(3)(c) extends the termination period to three months for an unsolicited consumer agreement where sections 73, 74 or 75 were contravened in relation to the agreement.

Refused: The quotes mention section 82 and the listed contravening sections but do not state that the termination period is extended to three months or cite subsection 82(3)(c).

Unsupported: extends the termination period to three months

What it rested on
82 Terminating an unsolicited consumer agreement during the termination period
if one or more of sections 73 (permitted hours for negotiating an unsolicited consumer agreement), 74 (disclosing purpose and identity) and 75 (ceasing to negotiate on request) were contravened in relation to the agreement:

Australian Consumer Law section 82(2) allows the right of termination to be exercised even though the agreement has been fully executed.

Refused: The quotes show section 82 and the full-execution exception, but they do not specify subsection 82(2).

Unsupported: section 82(2)

What it rested on
82 Terminating an unsolicited consumer agreement during the termination period
(a) despite affirmation of the agreement by the consumer; and
(b) even though the agreement has been fully executed.

Australian Consumer Law section 82(6) provides that there are no requirements relating to the form or content of a notice terminating an unsolicited consumer agreement.

Refused: The quotes state the substantive no-form/content rule but do not identify it as being in section 82(6); the only subsection referenced is (1).

Unsupported: section 82(6)

What it rested on
82 Terminating an unsolicited consumer agreement during the termination period
There are no requirements relating to the form or content of a notice under subsection (1).

Australian Consumer Law section 85(2) provides that goods become the property of the consumer freed of all liens and charges if the consumer notifies the supplier where to collect them and the supplier does not collect within 30 days after termination.

Refused: The cited quotes support the property transfer and 30-day collection condition but do not state the notification requirement.

Unsupported: if the consumer notifies the supplier where to collect them

What it rested on
85 Obligations and rights of consumers on termination
The goods become the property of the consumer, freed and discharged from all liens and charges of any description, if:
(b) the supplier does not collect the goods within 30 days after the termination of the contract.

Consumer Affairs Victoria states that under unsolicited consumer agreements, consumers who initiate or ask somebody to visit them at home do not get the same rights.

Refused: The quotes support that consumers who initiate or ask for a home visit do not get the same rights, but they do not mention or establish the specific legal context 'under unsolicited consumer agreements.'

Unsupported: under unsolicited consumer agreements

What it rested on
If consumers initiate or ask somebody to visit them at home (for example, calling an electricity company to discuss changing providers, and asking for an agent to visit) this is
In such cases, consumers do not get the same rights, such as a cooling-off period.

Sprintlaw asserts that breaches of the cooling-off restrictions can make unsolicited consumer agreements unenforceable.

Refused: The quote says breaches can make the contract unenforceable but does not specify cooling-off restrictions.

Unsupported: cooling-off restrictions

What it rested on
Breaches can make the contract unenforceable and expose your business to penalties or refund obligations.

Sprintlaw asserts that breaches of the cooling-off restrictions can expose the business to penalties or refund obligations for unsolicited consumer agreements.

Refused: The quote states breaches can expose the business to penalties or refund obligations but does not mention cooling-off restrictions.

Unsupported: cooling-off restrictions

What it rested on
Breaches can make the contract unenforceable and expose your business to penalties or refund obligations.

The ACCC reports that the Federal Court found that Superfone's breach concerning unsolicited consumer agreements included accepting payment within the termination period.

Refused: The quotes state the Federal Court found Superfone breached ACL provisions including accepting payment within the termination period, but they do not state the breach concerned unsolicited consumer agreements.

Unsupported: concerning unsolicited consumer agreements

What it rested on
The Federal Court found Superfone breached various provisions of the ACL including failing to
provide consumers with documentation, accepting payment within the termination period, and

The ACCC states that its review of unsolicited consumer agreements followed the first designated complaint submitted to the ACCC.

Refused: The quote only establishes that the Consumer Action Law Centre submitted the first designated complaint; it does not state that the ACCC's review followed that complaint.

Unsupported: its review of unsolicited consumer agreements followed the first designated complaint submitted to the ACCC

What it rested on
In March 2025, the Consumer Action Law Centre submitted the first 'designated complaint' to the ACCC under a new complaints framework .

The ACCC states that the first designated complaint submitted to the ACCC, which the ACCC's review of unsolicited consumer agreements followed, was made by the Consumer Action Law Centre in March 2025.

Refused: The quote establishes the first designated complaint by Consumer Action Law Centre in March 2025, but does not state that the ACCC's review of unsolicited consumer agreements followed it.

Unsupported: which the ACCC's review of unsolicited consumer agreements followed

What it rested on
In March 2025, the Consumer Action Law Centre submitted the first 'designated complaint' to the ACCC under a new complaints framework .