Can I get out of a door-to-door or phone sale?

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.

• 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.

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.

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

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.

The ACCC states that the unsolicited selling rules do not cover 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.

The ACCC states that 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.

Consumer Affairs Victoria states that a supplier cannot enforce an agreement if the supplier's 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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

• 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.

• 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.

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

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

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.

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.

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.

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