Minnesota  |  Consumer Law

Legal Question

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

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"

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