While it is important to carefully consider offers and promotions, you do not need to assume that all people who knock on your door, ring you up, or send you offers in the mail are out to scam you.
There are lots of reputable direct selling and marketing companies and agents operating in Australia. This type of trading can be useful and convenient for many consumers.
Unfortunately, however, scammers also take advantage of this selling approach and you do need to be careful. Scammers may try to persuade you to purchase goods that are poor quality or overpriced or they may try to convince you to allow them to perform repairs or maintenance jobs that are not necessary.
If someone comes to your door, ask to see their identification. You do not have to let them in, and they must leave if you ask them to.
If you are interested in what a door-to-door salesperson or telemarketer has to offer, take the time to find out about their business and their offer. Shop around to make sure you are getting a good deal.
Never agree to anything without reading all the terms and conditions of every offer very carefully—claims of free or very cheap offers often have hidden costs.
Do not agree to any offer involving a significant amount of money, time or commitment. Seek independent advice first.
Are you aware of your rights? Is there a cooling-off period so you can cancel a contract or purchase within a certain number of days?
For more information about scams and how to protect yourself, visit our SCAMwatch website. You can also visit our page on legitimate traders to find out how you can check if a person or company you are dealing with has registration.
As a consumer, you have special rights when sales people arrive at your home unannounced or sell you goods over the phone. These rights are designed to protect you from very persuasive or dishonest traders.
For example, your sales contract may be subject to a cooling-off period, which would permit you to cancel your contract without penalty (for example within 5 days). Similarly, if a trader provides a service for you, they may not be able to collect fees from you immediately.
States and territories have their own legislation covering purchases made from door-to-door traders and telemarketers so you should contact your local office of fair trading to find out exactly what extra protections apply to you.
The statutory rights set out in the Trade Practices Act will also apply to any goods or services that you purchase from a direct trader.
To reduce the number of unsolicited telemarketing calls that you receive, consider listing you phone number on the national Do Not Call Register. You can list your home number and your mobile number. Registration is free.
The Australian Government established the national Do Not Call Register to enable consumers to elect not to receive unsolicited telemarketing calls.
Registering your telephone number on the Do Not Call Register will not stop all telemarketing calls, but you will begin to notice a reduction. Some organisations operating in the public interest are exempt and market researchers may also still call you.
For more information or to register your number, visit www.donotcall.gov.au or phone 1300 792 958.
The Industry standard for Telemarketing and Research Calls
In addition to creating a Do Not Call Register, the Australian Government introduced a new industry standard in 2007 that directs when and how telemarketers and researchers can contact you. This standard aims to encourage best practice in the making of calls.
Under the standard, telemarketers:
are only allowed to call you during certain hours
must provide you with certain information about their identity and purpose for calling
must release your line if you hang-up or ask to terminate the call
must enable calling line identification.
This standard is administered by the Australian Communications and Media Authority (ACMA). You can find out more about the telemarketing standard, including the hours during which telemarketers can call you, on the Do Not Call page of the ACMA website.
I have an inquiry or complaint. Who could help me?
You should always try to resolve your concern with the trader first
If you have an inquiry or complaint that you are unable to resolve with the trader, there are a number of other associations and government agencies that may be help you.
The best organisation to assist you will depend on your concern.
You can find contact details for all of these organisations in our Consumer and business directory.
An industry association
Many Australian traders that use direct selling and marketing practices are members of an industry association. To maintain their membership, members must abide by certain rules which aim to protect the integrity of the industry and promote honest and fair trading practices.
Although the direct marketing and direct selling industries each have their own organisation, either may be able to assist you if you have a problem or inquiry and are not sure who to contact.
The Australian Direct Marketing Association may help you if you want to complain about a direct marketing approach (such as offers you receive in the mail or on the phone).
The office of fair trading in your state or territory
States and territories have their own legislation covering contracts or dealings that you have with door-to-door traders and telemarketers. You should contact your local office of fair trading to find out exactly what extra protections apply to you.
If you feel your consumer rights have been breached, then your local office of fair trading can help you.
The ACCC
We can only consider or take action on your complaint raises concerns under the Trade Practices Act. Merely sending unsolicited mail or knocking on your door is not, by itself, a breach of the Trade Practices Act.
We may be able to help you if you consider that a trader:
has acted unconscionably towards you (for example, harassed you or coerced you into making a purchase).
has mislead or deceived you about a good or service.
may be involved in a scam or other breach of consumer protection laws.
The Office of the Privacy Commissioner
Most companies may use quite legitimate and legal ways to get your personal details, but it is important to remember that you do have the right to make a complaint if you think your personal information has been mishandled.
The Privacy Act 1988 is administered by the Office of the Privacy Commissioner (OPC). The Privacy Act covers the collection, use and disclosure, quality and security of personal information.
If you are concerned that your privacy rights may have been infringed by a direct marketing or direct selling approach, you should first contact the trader involved. If the trader does not resolve your complaint to your satisfaction, then you should contact the OFPC.
We have no formal role in relation to complaints about misuse of your personal information.
The Do Not Call Register
If you have listed your telephone numbers on the Do Not Call Register and receive a call from a telemarketer that you believe is not permitted to call you, you can lodge a complaint by calling 1300 792 958 or by visiting the website at www.donotcall.gov.au. Remember that some exemptions apply.
In the first instance, all complaints will be assessed by the Do Not Call Register operator. Where a complaint can be resolved quickly, the register operator will respond to you directly.
More complex complaints will be referred by the register operator to Australian Communications and Media Authority.
