Door-to-Door Sales

07/10/2009
Douglas County Citizens: As District Attorney, one of my priorities is to equip Douglas County residents with the information they need to reduce their chance of becoming victims of scams, deception and fraud. This time of year, many of the complaints we receive arise from door-to-door sales. While selling door-to-door can be a perfectly legitimate way to do business, Kansas law recognizes the special circumstances implicit in such a setting and special rules apply to those transactions that do not apply to "store front" sales. Each year this office may see complaints of overcharging, phony claims, high pressure sales tactics, failure to deliver products and more. A "door-to-door" sale can generally be defined as any unsolicited sale that occurs at a place other than a regular and permanent store location. The person that shows up at your door with "leftover asphalt" to pave your driveway at a cut-rate, the "student" selling magazine subscriptions and the "wholesaler" selling furniture in a parking lot are all examples of door-to-door sales transactions. Before you buy, think about the tips below. Be on the alert for signs of deception. After you buy, know your rights. The Kansas Consumer Protection Act gives you the right to cancel door-to-door purchases of $25 or more, for a full refund, for any reason until midnight of the third business day after the sale. Because these transactions necessarily involve an immediate decision, simply changing your mind the next day is enough reason to cancel. Kansas law does not require any deception or other reason to justify canceling such transactions. *Know who you're dealing with - get as much information about the seller as you can before you do business with them. *Do not provide credit card or other personal information to anyone you do not know and trust. *Beware of the unbelievable price that is "only good for the day". When a truly good deal is offered, you should be allowed to "sleep on it" and the deal should still be available next day. Be extra wary when the seller starts giving you reasons why the deal will not be available tomorrow. *Free means no cost to the consumer. If you pay any charges, it is not a gift nor is it free. *Think twice about outrageous promises or claims. *Beware of a salesperson who uses high pressure, will not take "no" for an answer or shows up at odd hours of the day or night. Once you consider the offer and if you decide to make a purchase, the salesperson must verbally inform consumers of your right to cancel and the sales agreement must include a written notice of your right to cancel. That written notice must include the name and address of the business, date of the transaction and the date when the consumer must give notice to cancel the sale. Consumers wanting to cancel the sale MUST do so with a WRITTEN NOTICE, signed, dated and either postmarked or delivered to the business no later than midnight of the third business day after the transaction. Failing to provide the notice may extend the time to cancel and/or subject the seller to sanctions. If you have questions or would like a brochure that explains this information in detail you may stop by my office at 111 E. 11th Street, Lawrence; email your request to; districtattorney@douglas-county.com or call (785) 330-2849. I hope this information keeps you from becoming the victim. Sincerely yours, Charles E. Branson District Attorney

Media Contact:
Cheryl L. Wright-Assistant to the District Attorney
District Attorney's Office
785-841-0211
cwright@douglas-county.com