Roller-shutter business receives infringements for unsolicited sales
- The customer lodged a complaint with Consumer Protection following stressful dealings with a roller shutter salesperson
- The contract did not follow Australian Consumer Law regulations around transparent and clear termination rights
- Two infringements totalling $13,200 were issued
A Perth roller shutter trader has received two infringements totalling more than $13,000 after it was found to have engaged in high-pressure sales tactics that did not comply with the Australian Consumer Law (ACL).
Under the ACL, an invitation to provide a quote does not constitute an invitation to carry out the work. This is regarded as an unsolicited consumer agreement, which requires the trader to provide the customer with information about the cooling-off period of 10 business days and how they can cancel the contract during this time. No work should be carried out or money taken until the cooling-off period has expired.
In this case, a Dianella couple contacted the business to request a quote for repair services and information about a possible new roller-shutter blind.
When a salesperson attended their home, the couple reported that they were pressured into signing an agreement on an iPad and paying a deposit for a ‘one time only’ deal worth $2,500.
However, neither the trader nor the contract provided the mandatory information around their right to terminate the agreement and how to exercise that right. The trader also failed to provide a mandatory form that could be used by the consumers to terminate the unsolicited agreement.
Commissioner for Consumer Protection Lanie Chopping reminded consumers of their rights and cooling-off periods.
“If you have invited a tradesperson to provide a quote only and not to do work, but end up entering into or signing a contract, you are entitled to a cooling-off period. This means you can cancel the contract within 10 days with no penalty,” the Commissioner said.
“It appears that, in this case, the initial enquiry turned into a quote for a new product. Consumer Protection officers identified that the contract was non-compliant and therefore issued the infringement notices to the trader.
“By contacting Consumer Protection and receiving the correct advice, the couple were able to cancel the contract and received a full refund from the trader.”
More information about your rights and how to make a complaint is available at www.consumerprotection.wa.gov.au.
Media contact: CPmedia@dmirs.wa.gov.au
Note: The trader is not named in line with Department policies on infringement notices.
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