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KnowYourRights
KnowYourRights, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23922
Experience:  Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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Can Colorado's 3 day right of rescission law be used to

Customer Question

Can Colorado's 3 day right of rescission law be used to cancel a contract for plastic surgery including provisions for cancellation charges?
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  KnowYourRights replied 12 months ago.

Good morning. I certainly understand the situation and your concern. It is unlikely that it would and the ability to cancel, would be stated within the contract, so the consumer would likely have to pay a penalty or fee. In general, there is no right to cancel a consumer contract or purchase. However, there are some exceptions:

In Colorado, you have the right to rescind a transaction under several circumstances:

1 Day
On membership buyer club contracts, even if you sign up at the business. Consumer Protection Act, C.R.S. 6-1-706 (1)(a).

Donation of goods such as furniture, clothing, toys, etc. have a one-day cancellation period. Consumer Protection Act, C.R.S. 6-16-106.

3 Days
This is the usual time period, granted by the Federal Trade Commission rules, for door-to-door sales involving a transaction of $25.00 or more. You must be given written notice of the right to cancel. Details and exceptions to this general rule can be found on the Federal Trade Commission's Web site at http://www.ftc.gov.

You also have three days to cancel on any home solicitation sale, which is a consumer credit sale (not involving a credit card). A consumer credit sale means, in general, a sale of goods, services, a mobile home, or an interest in land in which credit is granted or arranged, and such items are purchased primarily for a personal, family, or household purpose. Uniform Consumer Credit Code, C.R.S. 5-3-401-5, and 5-1-301(11).

A consumer has a right to rescind mortgage loans three days after closing on the loans, pursuant to the Uniform Consumer Credit Code loan,C.R.S. 5-5-203 and the Federal Truth in Lending Act, 15 U.S.C. § 1635.

Health club contracts may be canceled in three days after the receipt by the buyer of a copy of the contract. Consumer Protection Act, C.R.S. 6-1-704 (1)(a).

Pledges of cash or purchases made to benefit a non-profit organization may be rescinded within three business days of receiving written confirmation of the contribution from the charity, C.R.S. 6-16-106.

Commercial telephone sellers must allow a purchaser in any telephone sales transaction to cancel any purchase or agreement to purchase goods, services or property within three days after the purchaser’s receipt of goods, services or property. You must deliver or send written notice and return any goods. Notice of cancellation, if sent by mail, is deemed to be given as of the date the mailed notice was postmarked. See C.R.S. 6-1-304 (1)(b).

5 Days
Credit repair contracts (where a fee is paid to a firm for straightening out credit reporting errors) must contain written notice of this right. C.R.S. 12-14.5-108 (2).
Time share or interval ownership contracts may be canceled within five days. C.R.S. 6-1-703.

30 Days
Hearing aids have the longest rescission period for refunds, although the cost of the individualized ear molds is not refundable. Consumer Protection Act, C.R.S. 6-1-701.

You may have other cancellation rights pursuant to your contract or pursuant to certain federal rules. In most your cancellation must be in writing. This is best done by certified mail so that you have an accurate record of your attempt to cancel.

Expert:  KnowYourRights replied 12 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  KnowYourRights replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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