Many consumers may find themselves caught off guard, or pressured to buy a product or service they don’t want or need, by aggressive, unsolicited sales agents.

Quick Tips

• Be careful when allowing strangers into your home. Let them in only if you’ve asked the company to send someone to your house for a product or service demonstration. Make sure the seller has identification. Ask for local references – and check them.
• Ask yourself if you really need the product or service right now. Don’t buy on impulse.
• Never give out personal or financial information, including your credit card or bank account number, unless you know the selling company’s reputation.
• Be suspicious of companies that use P.O. Box addresses. It could mean they don’t want to be found.
• Never sign a contract without reading and fully understanding it. Don’t sign anything with blank spaces.
• Don’t allow yourself to be pressured or rushed into a purchase. Common high-pressure tactics include setting time limits (“buy today and save 50 per cent – the price will change tomorrow”) and forcing customers to make hasty decisions – often with the promise of a “special” offer. You can always take the information and ask the seller to come back when you’ve had time to consider the purchase. If it’s a great deal, it will still be there tomorrow.
• Don’t feel embarrassed about protecting yourself. If you feel threatened in any way, ask the seller to leave. If you are at all suspicious, call the police.
• If you decide to buy at the door, ask about the refund and exchange policy. Find out about guarantees and warranties and what to do if there is a problem with a purchase. Make sure you get it in writing.

Your Rights

Under the Ontario Consumer Protection Act, 2002:

• If you purchase something in your home that costs more than $50, there must be a written contract.
• In addition to the name and address of the buyer and seller, the contract must clearly describe the item and state the price, delivery dates, delivery charges and the date on which services are to be performed and completed. If it doesn’t, you can cancel the contract within one year of signing, and the company must provide a full refund.
• If you sign a contract in your home worth more than $50, you can cancel within 10 days by giving notice of cancellation. It’s best to provide this notice by e-mail, fax or registered letter. A notice to cancel may be hand-delivered (it’s wise to obtain a signature on a delivery receipt and keep it). However you deliver the cancellation, be sure to keep a copy. The company has 15 days to return your money and is responsible for picking up the product or paying for the cost of sending it back if the company wants its product returned.
• The only exception for the company to provide a full refund is if the consumer asked for the goods or services from the company and asked that the company provide them within 10 days of entering into the agreement. In this case, the supplier is entitled to deduct reasonable compensation from the refund amount. The exception is intended to cover such things as emergency home repairs.
• If your agreement contains an estimate, under law, the final price cannot be more than 10 per cent above it, unless you agree.
• Consumer agreements must disclose important details. If a company isn’t delivering on the contract, or if you encounter an aspect that wasn’t disclosed but was required to be by law as part of the deal, e.g. an annual renewal fee, you have the right to cancel within one year.
• If the company does not make delivery or begin performing services within 30 days of the date stated in the agreement, you can cancel the agreement at any time before delivery or commencement of performance. You lose the right to cancel if you agree to accept delivery or allow the company to perform its obligations after the 30-day period. If the agreement does not state a date, the 30 days run from the date the agreement was entered into. Again, you lose that right if you accept delivery or allow the company to perform services after the 30 days.
• Under law, there is a minimum warranty on the quality of services. In short, the services must be of reasonably acceptable quality. If they are not, you should consider filing a complaint.

Consumers are also protected against unfair business practices such as deceptive promotion and sales tactics. If an unfair practice has ocurred, you can rescind the agreement within one year. One way to do this is to send the seller a registered letter. If that doesn’t produce results, see our Need Help section.

From our Consumer Files

The case of the long four hours

A man and the corporation he works for were charged under the Business Practices Act for using high-pressure sales tactics to sell a vacuum cleaner to an elderly couple in Ontario. The frail couple allowed the salesman into their home because they had been promised a prize for answering a telephone survey.

The sales pitch and demonstration lasted four hours, during which time the consumers agreed to purchase the machine, despite the fact that they already had a central vacuum system in their home.

The corporation entered a guilty plea to one count of having committed an unfair practice and was fined $1,000. The elderly couple received $1,617 in restitution.

The case of the man who wouldn't leave

One day, an elderly consumer received a telephone call announcing that she had won a prize for responding to a survey. A salesperson then rushed over to the woman’s home with a vacuum cleaner. He entered her home and gave a quick demonstration of the machine.

She insisted that that she didn’t need a new vacuum, nor could she afford one, but the salesman remained in her home until she gave him her credit card. The consumer, who lives alone, felt intimidated and just wanted to get the salesman out of her home.

The former Ministry of Consumer and Business Services charged the salesperson and his employer with making an unconscionable consumer representation relative to the sale of a vacuum cleaner.

He was convicted and sentenced to 30 days in prison and six months’ probation. The corporation was ordered to pay a $5,000 fine. The consumer was entitled to a reimbursement in the amount of $2,178.70.

The case of the man who wouldn't leave (part two)

Two vacuum salespeople knocked on the door of an elderly widow to offer a 20-minute demonstration of a “new product”. The woman agreed. The demonstration included high-pressure sales techniques that lasted two hours, after which she agreed to buy the vacuum cleaner. Consequent attempts by family members to cancel the contract were unsuccessful.

The Ministry of Government Services charged the salespeople, and the company they work for, with making an unconscionable consumer representation relative to the sale of a vacuum cleaner.

One man pleaded guilty for the company and a fine of $5,000 was imposed. The company also made restitution to the consumer in the amount of $1,000, and the consumer was allowed to keep the vacuum cleaner.

The same salesman had been convicted about eight months earlier of the same offence and sentenced to 30 days in jail. If convicted again, he faces maximum penalties of $25,000 and/or up to a year in jail. The maximum penalty for the corporation is $100,000.