Dealing with door-to-door sales: part 2

In part 2 of this video a Victoria Legal Aid lawyer talks about Marcello’s experience (seen in Dealing with door-to-door sales: part 1) and what he might have done differently when a salesperson came to his door.

The video supports a wider Do Not Knock campaign started by the Consumer Action Law Centre, then developed further by the Footscray Community Legal Centre and other legal centres. The campaign aims to stop people from entering into contracts that are not in their financial interests. It empowers people to report breaches of the rules that govern door-to-door sales.

Watch this video

Transcript

[A middle-aged woman in business attire, Jenny Lawton, addresses the camera in a law library.]

Text: Jenny Lawton – Lawyer.

Jenny: What can Marcello do now? He’s signed a contract. He likes to talk to his family and friends overseas. But he doesn’t need a new phone deal.

[Vision shows Marcello sitting at his living room table and reading over his recently signed contract.]

Jenny: The law says Marcello can change his mind. He has ten business days to cancel the contract and let the company know that he does not want to go ahead.

There should be information in the contract telling Marcello how to cancel. There should be a cancellation form. All Marcello needs to do is fill in the form, sign it and send it back to the company.

If Marcello sends in the signed form within ten business days, the company must bring the contract to an end.

It would be a good idea if Marcello took a photocopy of the signed form. It would also be a good idea if he mailed the form back to the company by registered post. That way he can prove he sent the form back within the ten business days. If Marcello wants, he can deliver the form personally to the company. The company must provide a street address in its contract.

If the company didn’t give Marcello information about how to cancel, the law says Marcello will have six months to change his mind and bring the contract to an end.

[Vision shows of the salesman knocking on Marcello's door but receiving no answer and subsequently walking away.]

Jenny: Sending in forms can be a hassle. So what could Marcello have done to avoid the situation? Perhaps he shouldn’t have answered the door.

After all, there’s no law that says you have to open your door to salespeople. In fact, the laws says there are times salespeople cannot knock or phone you at all.

Text: What are the times for door knocking or phone calls?

Door knocking or calling can only happen:

Monday to Fridays, 9 am to 6 pm

Saturdays, 9 am to 5 pm

no calls or visits on Sundays or public holidays.

Jenny: Even if they contact you during the right days and times, you don’t have to answer the door.

And if they don’t follow the law, salespeople can be fined thousands of dollars and their company even more.

[Vision shows a replay of Marcello inviting the salesman into his home.]

Marcello: Ok, come in, come in.

Jenny: And if you do let a salesperson into your home, you don’t have to sign anything.

[Vision shows Marcello and the salesman sitting at the table in the living room.]

Marcello: I really need to think about this.

James: Of course you can. Just sign here. Then have a think about it, and if you want to, give us a call.

Marcello: That’s not going to work for me. I really need to know what I’m getting into before I sign up for it.

James: Marcello, read the information pack. Everything’s in there.

Marcello: I’m happy with my current plan. I’m not going to sign up with you. Arrivederci, Mr Turner!

[Vision cuts back to Jenny Lawton in the law library.]

Jenny: Another thing you can do is put one of these free stickers on your gate or on your front door.

[Vision shows Marcello sticking a Do Not Knock sticker on his front door.]

Jenny: If you put this sticker up, a salesperson is not allowed to knock at all.

[Vision shows the salesman frustrated by the Do Not Knock sticker on Marcello's front door.]

Jenny: If they see your sticker and knock anyway, this is trespass and may be a breach of the Australian Consumer Law.. You can complain. All salespeople must carry photo ID. So get their details so you can make a complaint.

These are some of the organisations that can investigate your complaint.

Text:

Where can I get more help?

Legal advice

Organisations in your state or territory that can give you free advice:

Visit http://donotknowck.org.au/useful-stuff/need-legal-advice/

Text [new screen]: Script

Community Legal Education team

Victoria Legal Aid

Director, Cameraman, Editor

Stefan Markworth

www.markworthmedia.com

Presenter

Jenny Lawton

Cast

Marcello D'amico [played by] Marcello D'amico

James Turner [played by] Mark Tregonning