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Unsolicited products or services
'Unsolicited supply' is when:
- a consumer or business receives products or services they didn't request, or
- a business claims to have supplied services that a consumer or business didn’t receive or request.
In these situations, the consumer or business receiving the unsolicited products or services:
- isn't required to pay for the products or services
- isn't responsible for any loss or damage resulting from a supply of unsolicited services.
If the consumer:
- contacts the business in writing, stating that they don’t want the products, then the business should collect the products within one month
- doesn't contact the business, then the business may collect the products within 3 months.
The consumer can’t unreasonably refuse to allow the supplier to collect the products in these timeframes. The consumer may have to pay compensation if they deliberately damage the products during these timeframes.
If the business doesn’t collect the unsolicited products within these timeframes, the consumer can keep the products with no obligation to pay.
The consumer isn't entitled to keep the products if the products weren’t intended for them. For example, the packaging was clearly addressed to another person.
Unsolicited credit or debit cards
Businesses must not send consumers a debit card or credit card (including store-branded credit cards) unless:
- they have requested the card in writing, or
- the card is a replacement or renewal for a card previously issued, which the consumer has requested.
Businesses must not enable a credit card to also be used as a debit card, or vice-versa, unless the consumer specifically requested this in writing.
Unauthorised listings or advertisements
A business can’t demand payment for an unauthorised listing or advertisement about a person or their business or occupation. This applies to listings and advertisements in any form, whether in a physical directory or online.
If the person or business hasn't signed a written agreement giving the business permission to run a paid listing or advertisement, then they don't have to pay the business for the listing or advertisement.
Bills for unsolicited products, services or advertisements
It’s against the law for businesses to issue a bill or invoice that states an amount to be paid for unsolicited items unless:
- the business reasonably believes they have a right to be paid, or
- the bill or invoice has a warning with the words “This is not a bill. You are not required to pay money” as the most prominent text in the document.