Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

What is the buyers remorse law for california in the case of

satellite tv (directv)? How long...
What is the buyers remorse law for california in the case of satellite tv (directv)? How long is the cooling off period, if any?
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 5 minutes by:
8/27/2008
Law Girl
Law Girl, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,606
Experience: I am an attorney versed in laws that protect consumers.
Verified
How did you hear about DirecTv? How did you purchase the system? (Online or did they come do a presentation at your home)? Does the contract allow for cancellation?
Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago
I called them after receiving a flyer in the mail. I ordered the service a while ago, but the install and activation took place on the 24th (sunday). The cancellation policy is that they will charge you, but that the policy is subject the state law. I think in california, you normally have 3 days, unless your purchasing a car, to cancel. However, for different types of services it may vary. I think wireless phones are 30 days? Anyway, I'd like to know what the law says about satellite services.... Thank you.

Thank you for your question.

 

California has the best consumer protection laws in the country. However, the idea that there is a state or federally mandated 3-day cooling off period on all contracts is an urban myth. While a number of industries are regulated in California, the majority have no cooling-off period for contracts.

 

Some products and services have a 3 to 7-day cooling off period under the California buyers remorse laws. These include credit repair services and home equity sales contracts, which have a 5-day cooling off period. Discount buying services in California have a 3-day cooling off period, as do dating services, seminar sales, weight reduction services, and job listing services. Health club memberships have a 3-day cooling off period. So do contracts or plans for services with a dental office.

 

Under the California buyers remorse laws, timeshare contracts allow 3 days for cooling off after the contract is signed. So do camping membership contracts, except that the consumer has 10 days if they have not visited the camp before signing.

 

California law requires that dance studios must allow consumers to cancel up to six months after your transaction, and for an unlimited longer time at a 10 percent penalty. Consumers are required to pay for the services they actually received.

 

Home solicitation contracts also have a 3-day cooling off period. This applies to any seller operating outside their normal place of business. This includes transactions at hotels, restaurants and "home" parties. It does not, however, apply to a seller who simply delivers items that the consumer negotiated for at the seller's normal place of business. (Which, chances are where your satellite purchase falls.) Telemarketers must inform you at the time of the call that you have a 3-day right to cancel.

 

Looking closer at the home solicitation cooling off period, it applies to home solicitation, or "door-to-door" sales. It covers the sale, lease, or rental of consumer goods or services whereby the seller visits the consumer at a his or her home or at any place other than the seller's fixed business location. If the sale is for more than $25, and the items or services purchased are for personal, family, or household use. If you feel that your satellite service fits here then you should also know that a home seller is required to provide a consumer with a "Notice of Cancellation" form whenever a sale is made and/or a contract is signed, and must verbally inform the consumer of his or her right to cancel the contract. To cancel a sale or contract the consumer must simply sign and date the Notice of Cancellation form and mail it back to the seller. To ensure a full refund, this must be done before midnight of the third business day after the sale or signing of the contract. If the seller failed to provide the Notice of Cancellation form as required, the consumer has even longer to cancel the contract. Until the consumer receives the Notice of Cancellation form, he or she may cancel the contract at any time. The consumer's cancellation should be in writing and either delivered to the seller or the post office. Certified mail is recommended for all cancellation notices. Once the contract is canceled, the seller may not require the consumer to pay to return the goods. If the seller fails to ask for return of the merchandise within 20 days of cancellation, the consumer cannot be forced to return the goods. In any event, a consumer may retain purchased goods until he or she has recovered moneys spent and/or any signed contract or note.

 

In the event you do not feel the home solicitation clause applies to your purchase. You may be stuck adhering to the cancellation terms as provided in the contract.

 

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

 

Good Luck!

Law Girl
Law Girl, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,606
Experience: I am an attorney versed in laws that protect consumers.
Verified
Law Girl and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Ask Law Girl Your Own Question
Law Girl
Law Girl
Law Girl, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4,606
4,606 Satisfied Customers
Experience: I am an attorney versed in laws that protect consumers.

Law Girl is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I am a auto shop in the state of PA I have a customer that
I am a auto shop in the state of PA I have a customer that owes money on his truck repair. I said that he can not have the truck until the bill is paid. he called the police and they said I need to al… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm a single dad, fresh out of bankruptcy and I bought this
I'm a single dad, fresh out of bankruptcy and I bought this Truck to rebuild my credit. I thought it was a deal because the engine only had 86k but then, too late found out the phasers failed some tim… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
On Dec 18, 2017 I bought a new car at a Toyota dealership
On Dec 18, 2017 I bought a new car at a Toyota dealership and agreed to the 72 month financing in order to get the rebate and to have my payment at an amount I wanted. They screwed up the paperwork an… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I bought a car in RI and the dealer added an extended
I bought a car in RI and the dealer added an extended warranty on the vehicle for 2,499.00 and the month after I purchased the warranty --it was cancelled and I think the dealer kept the total amount … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
Merchant “SHOPIFY” cancel my account but my customers paid
Merchant “SHOPIFY” cancel my account but my customers paid me before and I had about 7k for several days that they didn't deposit my money on my account and wanted to hold it for 190 days, where can I… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I have fraud situation can you help? I am in Las Vegas
I am in Las Vegas though the transactions took place between Chicago & Mexico City … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am pro se and I tried to file a motion in NYS Supreme
I am pro se and I tried to file a motion in NYS Supreme Court on January 19, 2017 after mailing out the papers to all parties via USPS regular mail. However, when I arrived at the clerk's office to fi… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I was with Schwab for over 20 years, then I was convicted
I was with Schwab for over 20 years, then I was convicted for a felony gambling, they just threw me out, no explanation, I opened an account with Merrill, before I could make my first trade, they deci… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
My father lives in San Antonio, TX and was taken to the
Good afternoon. My father lives in San Antonio, TX and was taken to the hospital last year when he was having an emergency. Tricare as well as his medicare paid the bills. Acadian ambulance company co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have been scammed by a contractor. I live in Liberty, TX.
Hello, I have been scammed by a contractor. I live in Liberty Hill, TX. I see online that I have very little if any legal recourse. I made a downpayment of $3216. and financed 22,784. at 9.99% interes… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I made an online purchase last night at a chain store. This
I made an online purchase last night at a chain store. This evening I received an email from them stating that there was a glitch in the pricing last night, and because of that they are reversing my p… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,184 satisfied customers
I placed an order on a tesla model s. They said i have 3
i placed an order on a tesla model s. They said i have 3 days to change my mind, then after the 3 days the deposit is no longer refundable. it has been 6 days and I tried to get my deposit back, but t… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers
My brother has had his driver license stolen and apparently
My brother has had his driver license stolen and apparently someone has been renting cars in different cities using his identity. It's happened in San Jose, San Francisco Int'l Airport and tonight now… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I'm 67 and disabled due to a near death accident 6 years
My name is***** I'm 67 and disabled due to a near death accident 6 years ago. Prior to the accident I worked helping peop[le with developmental disabilities lead very productive lives. I operated 16 c… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have a title loan with high interest and high payment I'm
I have a title loan with high interest and high payment I'm scare that eventually I'm going to lose my car I have been apply other loans being denied I'm running out of options I need help … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
How do I go about asking to be released from our timeshare
How do I go about asking to be released from our timeshare with Blue Green? Sounds like they are being more flexible and allowing this if you ask for it. But where do you start . whko would be the rig… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I have 4 charges of 4.95 for Agora Financial on my credit
I have 4 charges of 4.95 for Agora Financial on my credit card. How can I verify these charges? Also, I paid for a lifetime subscription to Agora Financial publicaction about 2 years ago for about $11… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I had a breastbiopsy and a marker should be left in situ to
I had a breastbiopsy and a marker should be left in situ to mark the area for further treatment but the dr did not do this at the tima tec asked him if he put amarkerinand he admitted he forgot I have… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x