Legal Question in Consumer Law in Minnesota

Hi, I was sold a security system from a door-to-door salesman, and submitted a notice of cancellation within 3 business days (cooldown? law) that was dated 5/30. The company argues that it took them 6 business days to process it and the actual "Notice of Cancellation" date was 6/7. I was then contacted by various sales people trying to get me to keep it, I declined politely each time. I was finally contacted today, by a tech, wanting to come pick up the system, with no appointment or prior warning that he was coming.

The Cancellation section of their contract reads as follows.

"Customer may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the Effective Date. If you cancel, any payments made by you will be returned within TEN BUSINESS DAYS following receipt by the company of your cancellation notice. If you cancel, you must make available to the Company at your residence, in substantially as good condition as when received, any goods delivered to you under this Agreement, or you may, if you wish, comply with the Company's instructions regarding return of the goods at Company's expense and risk. If you make the goods available and Company does not pick them up within 20 days of the date of your notice of Cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available or agree to return the goods and fail to do so, then you remain liable for performance of all obligations under the Agreement. To cancel, mail or deliver a signed and dated copy of this Notice of Cancellation to: (the company's name and address) NOT LATER THAN MIDNIGHT ON 5/30/2013."

I am arguing that I should be able to keep the equipment, because it is 6/21 and it has been 20 days since 5/30. Am I correct? or does their "Processing time" have anything to do with the date of the "Notice of Cancellation"

Asked on 6/21/13, 4:32 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
0 users found helpful
0 attorneys agreed

Hello. This website provides general information and principles of law, not the detailed legal advice you seek. Please contact a private attorney who will provide you with a legal opinion. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Read more
6/21/13, 7:38 pm

Related Questions & Answers

More Consumer Law questions and answers in Minnesota

Looking for something else?

Get Free Legal Advice

88177 active attorneys ready to answer your legal questions today.

Consumer Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now