Encyclopedias, Vacuums, and the Law

by Thomas 0. Williams, Esquire

Of course we all know someone (our-selves excluded) who has unwisely signed on the dotted line while under the influence of a very persuasive sales pitch. Unfortunately, many consumers who purchase goods or services from a telemarketer or door-to-door salesperson only later to feel as though they had been "talked into" buying something they did not want or need, are still under the impression that they are powerless to do anything about it.

The truth is, there is much that these dissatisfied consumers can do. In fact, thanks to the Pennsylvania legislature, consumers hold the ultimate remedy, that is, the power to cancel their regrettable purchases. In Pennsylvania, consumers are protected from both their own poor judgment and smooth-talking salespeople under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Although it has been in effect for several years, the existence of this law and the powerful rights it provides often comes as a surprise to consumers.

Essentially, this law gives at-home purchasers time to reflect on the purchases they have made and to decide after they are no longer mesmerized by the sales pitch whether or not they really want to keep what they have purchased. By following a few easy steps consumers can rid themselves of unwanted purchases. The key is to act promptly. Simply put, if you purchase an item and change your mind, you must send the seller written notice of your wish to cancel the contract or purchase within 3.business days of the date of the contract or sale. A purchaser must also return the items purchased to the seller or make them available for return to the seller in their original condition. If you mail your notice, the notice of rejection is effective as of the time it is placed in the United States mail. It should be noted that the right to cancel is only available where the value of the goods or services purchased is $25 or more.

Perhaps more importantly, the law imposes several requirements on sellers. For example, under the law sellers are required to provide buyers with the following:

  • A fully completed receipt or, copy of the contract, including the date of the transaction and the following statement: You, the buyer, may cancel this transaction at anytime prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

  • A complete form in duplicate captioned Notice of Cancellation.

The law states that the cancellation period does not begin to run until the buyer has been informed of his right to cancel and has been provided with copies of the Notice of Cancellation.

The moral of the story is this... If you believe you have been talked into purchasing something you do not need or want, don't just sit and stew over having been taken - cancel your purchase. But you must act promptly. After all, the salesperson may just be counting on you being either too embarrassed or too afraid to cancel the purchase.