Tertiary education program

Door-to-door and telemarketing sales

Under the ACL, an unsolicited consumer agreement takes place when:

  • it results from negotiations by phone or at a location other than the seller's place of business, and
  • a seller, or their sales agent, approaches or calls a customer uninvited, and
  • the total value is more than $100 or cannot be determined at the time the agreement is made.

Door-to-door and telemarketing sales are both types of unsolicited consumer agreements – the customer has not sought out the transaction. Consumers are vulnerable to unsolicited door-to-door and telephone marketing techniques as these can be used to induce them to purchase goods or services they would not normally buy. As a result, while not prohibiting this form of marketing, the ACL gives consumers additional rights (which cannot be waived, see section 90) and imposes on businesses additional obligations that do not apply to sales made at their premises.