Emerging trends
Consumer Protection market intelligence
Ever thought about what happens to all the information collected by Consumer Protection when Western Australians enquire about an issue or lodge a complaint about a trader? Aside from the data being used to solve disputes and as part of investigations, it is also looked at by a team called the Market Intelligence and Planning Unit.
Analysis of the data can identify emerging trends and provide Consumer Protection with an opportunity to provide consumers with preventative advice.
At least once a month Consumer Protection will list a new trend on this webpage, along with some recommendations in relation to the issue. The most recent issue will be listed below but you can look up previous issues under the Trend Archive.
Cooling off periods
Over the past 12 months (from December 2010 to November 2011) Consumer Protection received 791 calls about cooling-off periods. There are only a few very limited circumstances when a “cooling off period” will be provided to consumers. The information set out below may help you to understand your consumer rights and protect yourself.
Half of these calls concerned motor vehicle purchases where consumers wanted to terminate a contract.
When you sign a contract to buy a motor vehicle in Western Australia there is no cooling-off period. That’s why you need to think really carefully and read the fine print before you put pen to paper. In most cases there is no need to sign a contract to work out a deal; the contract finalises the terms of the deal and should only be signed when you are entirely happy.
For extensive advice, including a car-buyer’s check list, click through to our Buying a vehicle page.
Of the building and retail enquiries the main issues were:
- solar
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roofing products
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health club memberships
Before agreeing to a deal for a solar PV system we recommend checking out the
Clean Energy Council website. Choose from the 275 accredited installers in WA as a starting point but you should do your research before you decide to buy.
If you’re having roofing work carried out, remember roof painters who are carrying out work valued at more than $1,000 need to be registered with the Building Commission.
One of the few times a cooling off period will apply is with a health club or gym membership. You have a 48 hour cooling off period under Western Australia’s Fitness Industry Code of Practice.
Door to door, telephone or telemarketing salespeople also have to give you a cooling off period and your rights are fully protected in the Australian Consumer Law (ACL).
It is interesting that only 12% of the cooling-off period enquiries related to sales actually conducted on the door step.
Door to door sales are referred to as unsolicited consumer agreements under the ACL. This part of the law applies to all uninvited approaches; door to door, over the phone or even from dodgy salesmen in shopping centre car parks etc!
In instances where suppliers sell a product or service to you ‘door to door’ (or in an unsolicited way) and the purchase is over $100, the seller must provide a cooling off period of ten business days. During that time no money can be taken and services cannot be supplied.
Goods up to the value of $500 may be supplied within the cooling off period as long as no payment is taken. If during the 10 business days you then exercise your right to terminate the unsolicited agreement, the supplier will be obliged to collect the goods within 30 days or the goods become your property.
Tips
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Check out this factsheet.
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Never feel pressured to sign a contract before you’re ready.
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When you settle on a deal you should check the terms and conditions and ensure that what was offered verbally has been included in the written contract. Specify the start and completion date in the contract. We encourage you to keep a record of any deposit paid and insist on a detailed receipt.
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If you have concerns or confusion surrounding a contract, call Consumer Protection’s general advice line on 1300 30 40 54, preferably before you put pen to paper.