Legal Question in Consumer Law in Missouri

Stop Payment

A door-to-door salesman visited my work and sold me spa services. I later changed my mind and stopped payment on the check. They phoned me and I explained to them I changed my mind and didn't want the services. They urged me what other females in my family might want the services, I said my daughter might, and said I would ask. Later told them no, she didn't want it either. More than 5 years later (no contact from them at all since), I receive a collections notice. I never used the services and threw it away. Check was written in good faith-funds were in the bank, can be proved. Don't consumers have a right to change their minds and cancel/stop purchases, esp. in door-to-door sales?


Asked on 5/02/07, 9:16 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Stop Payment

Yes, they do. They have 72 hours to cancel, in most cases. The five year delay in collection also may provide you with a defense. You may also have a claim against the company for violation of Chapter 407 of the Merchandising Practices Act for "unfair practices." You should see an attorney about this issue.

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Answered on 5/03/07, 8:41 am


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