Home  > For Small Business  > Marketing  > Telemarketing  > Florida Statutes 501.615 - Written contract; cancellation; refund 
Search the Florida Statutes

Florida Statutes 501.615 - Written contract; cancellation; refund

Florida Statutes > Chapter 501 > Part IV > 501.615


Current as of: 2012
   (1) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this part, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation shall:
   (a) Be reduced to writing and be signed by the purchaser.
   (b) Match the description of the goods or services as that principally used in the telephone solicitation.
   (c) Contain the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, the total price of the contract, and a detailed description of the goods or services being sold.
   (d) Contain the value or worth of any item, good, or service specified in s. 501.614, and the basis for the valuation.
   (e) Contain all terms and conditions a purchaser must satisfy in order to receive any item, good, or service specified in s. 501.614.
   (f) Contain, if they are ascertainable, the odds, for a given purchaser, of receiving any item specified in s. 501.614.
   (g) Contain, if a purchaser is to receive fewer than all the items specified in s. 501.614 described by the seller:
   1. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.
   2. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
   (h) Contain, in at least 12-point type, immediately preceding the signature, the following statement: "You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller."
   (i) Not exclude from its terms any oral or written representations made by the commercial telephone seller or salesperson to the purchaser in connection with the transaction.
   (2) A commercial telephone seller who engages a salesperson to make, or cause to be made, a telephone sales call shall not make or submit any charge to the purchaser's credit card account or make or cause to be made any electronic transfer of funds until after the commercial telephone seller receives from the purchaser a copy of the contract, signed by the purchaser, which complies with this section. The commercial telephone seller shall then send the purchaser a written confirmation of the sale.
   (3) The written contract must contain an explanation of the purchaser's rights under this section and a statement indicating when notice of cancellation should be sent. The purchaser may give notice of cancellation to the commercial telephone seller in writing within 3 business days after receipt of the confirmation. If the commercial telephone seller has not provided an address for receipt of such notice, cancellation is effective by mailing the notice to the department.
   (4) Notice of cancellation by the commercial telephone seller shall be given by certified mail, return receipt requested, and shall be effective when mailed. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates, by any form of written expression, the name and address of the purchaser and the purchaser's stated intention not to be bound by the sale.
   (5) If a commercial telephone seller violates the provisions of this part in making a sale, or fails to deliver an item within 30 calendar days, the contract is voidable by giving notice to the commercial telephone seller, and the purchaser is entitled to a return from the seller, within 14 days, of all consideration paid. Notice of cancellation given by the purchaser need not take a particular form and is sufficient given orally or in writing. Upon receipt by the purchaser of the consideration paid to the commercial telephone seller, the purchaser shall return to the commercial telephone seller the items received by the purchaser. Any cost of returning the items received by the purchaser shall be borne by the commercial telephone seller, by providing or guaranteeing payment for return shipping. If such payment is not provided or guaranteed, the purchaser may keep, without further obligation, the items received.
   (6) A person who purchases goods or services pursuant to a solicitation governed by this part must be given a refund, credit, or replacement, at his or her option, if:
   (a) The goods or services are defective, are not as represented, or if any item described pursuant to this part is not received as promised.
   (b) He or she returns the goods or makes a written request for the refund, credit, or replacement within 7 days after he or she receives the goods, services, prize, or premium, whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this section.
   (7) If a purchaser of goods returns only a portion of the goods, the refund, credit, or replacement required by this section may be prorated accordingly.
   (8) The refund, credit, or replacement required by this section must be guaranteed by the commercial telephone seller who made the sale, regardless of whether payment for the goods or services is made to that person.
   (9) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the purchaser's rights under this part is against public policy and shall be unenforceable, provided that an agreement between a purchaser and commercial telephone seller to extend the delivery time of an item to more than 30 days shall be enforceable if the commercial telephone seller has a reasonable basis to expect that he or she will be unable to ship the item within 30 days and if the agreement is included in the terms of the written confirmation.
   (10) Where a contract or agreement to purchase confers on a purchaser greater rights to cancellation, refund, or return than those enumerated in this part, such contract shall be enforceable and not in violation of this part, provided that all rights under such a contract or agreement to purchase must be specifically stated in a written confirmation sent pursuant to this section.
   (11) The provisions of this section shall not reduce, restrict, or eliminate any existing rights or remedies available to purchasers.
   (12) Exempt from the requirements of subsections (1)-(5) is any sale in which the consumer is given a full refund for the return of undamaged and unused goods or a cancellation of services notice is given to the seller, within 7 days after receipt of the goods or services by the consumer, and the seller shall process the refund within 30 days after receipt of the returned merchandise by the consumer.
Florida Statutes 501.614 - Disclosures of gifts and premiumsPart IV Table of ContentsFlorida Statutes 501.616 - Unlawful acts and practices

________________________________________________________________________

Questions & Answers: Telemarketing

>Sean, Because this is a business-to-business contract, I don't think the usual consumer protections are going to apply to this. Basically, your fiancé's rights are determined by t...
I got a subpoena in regular mail. It was not served or sent by vertices mail. There is a card they want me to full out and return. I was in a caorg someone charged with aggregated ...
Mistake aggravated DUI...
Markups County( terrible auto full)...
I hope Utah does something about Lendio Robo calls, CEO Brock Blake...
Best Buy had an advertisement for Verizon I-Phones, after lengthty talk with the salesman, I was almost ready to sign a contract for the I-Phone, and the salesman kept saying I had...

See also:

Florida Regulations Chapter 5J-6 - Telemarketing

U.S. Code Provisions: Telemarketing

U.S. Code > Title 15 > Chapter 87 - Telemarketing And Consumer Fraud And Abuse Prevention
U.S. Code Title 18 > Part I > Chapter 113A - Telemarketing Fraud

Federal Regulations: Telemarketing

U.S. Code > Title 15 > Chapter 87 - Telemarketing And Consumer Fraud And Abuse Prevention
U.S. Code Title 18 > Part I > Chapter 113A - Telemarketing Fraud

Related Articles: Telemarketing

 Q&A: The National Do Not Call Registry
 Q&A for Telemarketers and Sellers About the Do Not Call Provisions of the FTC’s Telemarketing Sales Rule
 Transmitting Caller ID Information
 Complying with the Telemarketing Sales Rule
 Complying with the Telemarketing Sales Rule
 Do-Not-Call Registries
Comments (3)add comment
Sean van Zetten: ...
My fiancé signed a contract with the great bridal expo on October 6, 5 days ago. The lady implied that we would have 300 plus people stopping by our booth. After signing and paying 1 payment in the amount of $195.00 (thereabouts), we received an offer to come down to the Fairmont Hotel in Dallas, TX that following Sunday for free in the exchange of bringing 5 ushers to work at the expo. The ushers were promised a lunch break, no time specified, we were told to bring a sack lunch. We were told, at about 8:00 pm the night before, that we had to have the ushers there at 8:30 am sharp or we would be charged at a pro rated amount per person that didn't show, with a total of $850.00 if all 5 didn't show up. Well long story short, all 5 showed up at 8:30 am, no worries there, had to park 5 blocks away, the city had locked all the parking meters for that far from the hotel, they didn't have any work for us to do until 10:30 or shortly there after, we were not told when everything was going to start, just "hey, y'all need to be "here" in 5 minutes, when we got to the check-in table, 4 out of the 5 of our ushers worked the check-in stage. Which they got cursed, in different languages in some cases, because their job was to talk the "brides" into paying an extra $6.00 to have their info printed out for them on the tickets for the drawings at each booth, which we were basically forced into taking part in the drawing, it wasn't really an option in other words, or thy could hand-write their info on little tickets over 60 times for each booth. Now here is the kicker, my fiancé's business revolves around patrons having parties and ordering from those parties, which they, the great bridal show, were told when we contacted them to inquire about the show. Approximately 75% of the people said "you have to have a party, I'm not having a party", now I know that's part of the business, however there were approximately 75 color flyers printed out, we ran out of ink and then went to black and white, there was one handed to everybody, not just brides, that came within sight of our booth. They implied that there were going to be 300 or so brides, let alone her entourage, but we still have appr. 30 color flyers left. That's only appr. 45 people, forget the brides. Now that's a far cry from 300. I know this is a whole lot just to ask one question but, Can we get out of this contract with this criteria? Please, let me know. Thank you for your time and patience.
1

October 11, 2012
Steven Daily: ...
Sean,

Because this is a business-to-business contract, I don't think the usual consumer protections are going to apply to this. Basically, your fiancé's rights are determined by the contract with the bridal expo company. It doesn't sound like there was any guaranteed attendance, however, and that seems to be the heart of the problem. If you let the expo company know about your extreme disappointment, in my experience they will sometimes offer some kind of free marketing opportunity (such as being included in an email to brides) to make things up to you, but don't count on it.

Steve Daily
LawServer.com
2

October 11, 2012
Robert White: ...
Best Buy had an advertisement for Verizon I-Phones, after lengthty talk with the salesman, I was almost ready to sign a contract for the I-Phone, and the salesman kept saying I had 14 days in which to decide if I wanted to keep the phone, he said that was the law in Florida. I signed the contract on the 24th and on the 3rd of the next month decided to go with a Sprint I-Phone, while purchasing this phone I was also told I had 14 days to decide if I wanted to keep it. Today I received my bill from Verizon and they want me to pay for breaking a contract the sum of $428. I don't believe that both of these phone salesman were wrong about the 14 day law???
3

March 06, 2014

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

Peacock Myers, P.C.

201 Third Street NW, Suite 1340
Albuquerque, New Mexico 87102
Practice Areas: For Small Business, Intellectual Property
www.peacocklaw.com/
The Jaffe Law Firm
General Practice Law Firm

320 Gold Avenue SW, #1300
Albuquerque, New Mexico 87102
Practice Areas: Employment, Criminal Law, Family Law, For Small Business, Personal Injury
www.thejaffelawfirm.com/
Wolf & Fox, P.C.
Full Service Law Firm

1200 Pennsylvania NE
Albuquerque, New Mexico 87110
Practice Areas: Family Law
www.wolfandfoxpc.com/
monotone-frail