Do I have to open my door if a salesman knocks? No. In general it is not a good idea to let a stranger, such as a salesman, into your house. Some towns and cities have “no solicitation” ordinances. If that is the case, you should call the police. You should also call the police if a solicitor forces his way in or will not leave.
Is home solicitation a new scam? No. What’s wrong with door-to-door sales? Home solicitation is not illegal per se. The problem comes with the fact that once a salesman is in your home, you are more vulnerable to hard-sell tactics. You can’t just walk away. In fact the buyer is often pressured into saying “yes” to something just to get the pushy salesman to leave. California consumer protection and truth-in-lending laws have stopped much of the fraud.
What kinds of things do door-to-door salesmen push? It is important to realize that it doesn’t really matter what the product is. The salesman is really selling the financing. The product could be vacuum cleaners, alarm systems, water filters, computers or encyclopedias, the business model is very much the same. The conversation is more likely to be about a monthly payment than the actual cost of the product being sold.
The salesman spoke Spanish with me but the contract was in English. I had no idea what the paper said, but he told me I had to sign it. What’s going on here? In California, if a contract is negotiated primarily in Spanish, the written agreement must be in Spanish too. If not, you might be able to rescind the contract.
Can I change my mind? Suppose you bought a computer from a door-to-door salesman who said your children would need it for school, but when your my daughter got home from school, she said it didn’t even work. What can you do? In most instances like this, you have 3 days to change you mind, basically a 3-day “cooling off” period.
I don’t remember the salesman saying anything about any right to cancel. So, how do I cancel? The salesman is supposed to tell you about this right and it is also supposed to be written in the contract. Your contract should have a cancellation form that you can tear off easily and send in. The address should be on the form. If your contract doesn’t have this, you should promptly seek legal advice.
Do I have to send the product back with the form? Not when you first send in the form. Don’t throw the product away, even if it doesn’t work. It may be evidence if you bring a lawsuit. Or, you might have to give it back if you cancel the deal.
When is it too late to cancel? Suppose it’s been more than 3 days since you bought the product, and you have gotten a bill from the bank. Have a lawyer take a look at the documents. If the seller does not provide the notice required by law, you may be able to cancel long after three days.
Do I have any rights against the lender? Suppose there is no address or phone number on the contract and the salesman disappeared. The product doesn’t work. What should you do? In some cases you have rights against the bank. But do not just refuse to pay. You should always see a lawyer to protect your rights.
What if the bank sends something that looks like a credit card with the bill after the salesman left? Should you use it? No. This is a common part of home solicitation scams and many of these credit card schemes are illegal.
Disclaimer
These questions and responses DO NOT constitute legal advice. They are intended to provide general information to improve your consumer literacy and give a broad understanding about how the marketplace works in the areas discussed. Consumer protection laws differ in different states. Even in California laws frequently change through legislative amendments, developing case law, and sometimes the effect of overriding federal regulations. Your legal rights and remedies will depend on your particular circumstances, documents and evidence. If you have further questions, just give us a call.
Door-to-door Scams
10 Questions about Door-to-Door Sales Scams
Disclaimer
These questions and responses DO NOT constitute legal advice. They are intended to provide general information to improve your consumer literacy and give a broad understanding about how the marketplace works in the areas discussed. Consumer protection laws differ in different states. Even in California laws frequently change through legislative amendments, developing case law, and sometimes the effect of overriding federal regulations. Your legal rights and remedies will depend on your particular circumstances, documents and evidence. If you have further questions, just give us a call.