Tertiary education program

Obligations imposed on the business

A salesperson who makes an unsolicited call on a consumer, in person or by telephone, to negotiate a consumer agreement must:

  • not visit or call outside specified hours unless the consumer has consented
  • immediately leave, or terminate the telephone call, if asked to do so
  • if an agreement is reached, provide the consumer with a written and signed sales agreement. The ACL prescribes what form this document should take and the details it should contain.

Before even starting to negotiate with the consumer, the salesperson must:

  • clearly explain the purpose of the visit or telephone call
  • provide their name and the name and address of the business they represent
  • inform the consumer that they can ask them to leave or end the telephone call at any time.

Also, before an agreement is reached the salesperson needs to provide the consumer with information about their right to terminate the agreement (including the operation of the 10-day 'cooling off' period) and how they can exercise that right.