The 3-day cooling-off rule: Myth and reality
In 2001, I bought some magazine subscriptions from a couple of college students who were selling them door-to-door. I’d had my own miserable experiences trying to sell things to strangers, so I had a policy of buying from any kid who wanted to sell me something.
I let the young man and young woman come into the house, and I listened to their pitch. I browsed through a glossy brochure that listed a bunch of magazines I didn’t really want or need. In the end, I agreed to purchase two subscriptions.
But as I was filling out the forms, I began to have second thoughts. Things didn’t feel right. Should a subscription to Entertainment Weekly really cost $50 a year?
“I’ll be right back,” I said, and I went to my office to google for information about the company selling the magazines. This was during the early days of Google, and information was not quite yet ubiquitous. I wasn’t able to find what I needed on short notice.
I bought the subscriptions. The young salespeople thanked me and went on their way.
Later that evening, I did some more research. I found that the prices I was paying for my magazines were nearly double the normal subscription rates. I also found that the company from which I had purchased them had a reputation for flakiness.
I felt like a fool. Fortunately, I had recourse because of the three-day cooling-off rule.
The 3-Day Cooling-Off Period
When you buy something from a store and later change your mind, your ability to return that item is governed by store policy. Some stores, such as Costco, have very liberal return policies — others do not.
But what if you buy a set of steak knives at the county fair? Or purchase an Entertainment book from a co-worker? Or pick up several magazine subscriptions from students selling them door-to-door? In these situations, there’s no storefront for returns. But in many cases you still have three business days to cancel the transaction without penalty.
Under the U.S. Federal Trade Commission’s cooling-off rule, you have the right to cancel a purchase of $25 or more for a full refund as long as certain conditions are met:
- If you make a purchase entirely by mail or telephone, the rule does not apply.
- When you initiate the sale at the seller’s permanent business location, the rule does not apply, even if the deal is closed in your home.
- In order to take advantage of this rule, you must return the item you bought in a condition similar to how you purchased it.
- Despite popular misconception, there is no cooling-off rule for automobile purchases. Make sure you want that car before you buy it.
- In order for the rule to apply, the purchase must be for personal, family, or household purposes.
- This rule isn’t applicable to purchases made to meet an emergency, such as a natural disaster or an home insect infestation. Nor does it apply to repairs and maintenance on your personal property.
- There’s no three-day cooling off period when you buy real estate, insurance, or securities (such as stocks or bonds). In other words, if you purchase insurance or stocks from a door-to-door salesman, this rule offers no protection.
- You’re also not protected if you buy an “arts and crafts” item at a fair, shopping mall, civic center, or school. For example, if you buy a holiday wreath at your child’s grade school, there’s no cooling-off period.
Be aware that in some instances you’ll be asked to sign a document waiving your right to cancel. This document is perfectly legal, and if you sign it, this rule does not apply.
In many cases, the seller will give you cancellation forms when you make your purchase. But even if you don’t receive the paperwork, you’re still covered. If the seller did not provide cancellation forms, you can write your own cancellation letter. It must be post-marked within three business days of the sale. You do not have to give a reason for canceling your purchase. You have a right to change your mind.
Additional Resources
From my experience, businesses that are shady enough that you might need to use this rule (such as the magazine sales outfit from which I bought my subscriptions) can be unresponsive to your requests to cancel. To obtain satisfaction, I had to call upon the Better Business Bureau. The FTC offers some other suggestions:
If you have a complaint about sales practices that involve the Cooling-Off Rule, write: Consumer Response Center, Federal Trade Commission, Washington, DC 20580. The Rule’s complete name and citation are: Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations; 16 CFR Part 429.
You also may wish to contact a consumer protection office in your city, county, or state. Some state laws give you even more rights than the FTC’s Cooling-Off Rule, and some local consumer offices can help you resolve your complaint.
In addition, if you paid for your purchase with a credit card and a billing dispute arises about the purchase (for example, if the merchandise shipped was not what you ordered), you can notify the credit card company that you want to dispute the purchase. Under the Fair Credit Billing Act, the credit card company must acknowledge your dispute in writing and conduct a reasonable investigation of your problem. You may withhold payment of the amount in dispute, until the dispute is resolved.
You can find complete information about the 3-day cooling off rule at the FTC website.
In 2001, after weeks of waiting, I finally received a refund on my magazine subscriptions. I also learned a valuable lesson. It’s one thing to buy candy or from the neighbor kid who is raising money for band camp, but it’s another to buy things from young adults I don’t even know. This experience forced me to revise my “buy from kids” policy; now I only buy from children I know, or those who live in my neighborhood.
Here are some related articles from the Get Rich Slowly archives:
- How to handle a door-to-door salesman
- Five steps for effective consumer complaints
- The 13 commandments of savvy consumers
Much of the information in this article is taken directly from FTC documents, which are in the Public Domain.
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There are 48 comments to "The 3-day cooling-off rule: Myth and reality".
Remind me to send our kids to your house whenever they have a fundraiser… 🙂
Very interesting info you have dug up JD. I have heard a little about the cooling-off period, but really had no idea what it entailed until now. It’s definitely a good thing to know if you are the type of person who finds it difficult to say no to people even though you do not really want to go through with the purchase.
With all the regulations for this rule, it seems like it only covers against door-to-door salesmen. Are there any other instances where it CAN be used?
I tend to resent finding kids at my door who have been sent out to sell stuff to support their team or club. I don’t want bars of milk chocolate or boxes of overpriced candy. If I know the children, I’ll sometimes just give a dollar or two and say, “keep the chocolate yourself.”
But it feels like some sort of child abuse when children are driven long distances to plead for money from people they don’t know and play on peoples sympathy…
Great article. I hadn’t realized that there was such a law, though it seems like with so many exceptions, the law rarely applies.
Thanks for the info. Recently I had a kid selling newspaper subscriptions that would be applied to a college scholarship. I wasn’t sure about the company and didn’t want to give him credit card info, so I filled out everything but payment and told me to give me a number for his boss. I called the newspaper to verify the company (legit) then called the boss and gave him my credit card info.
JD, those “college students” trying to win a trip to Cancun or wherever are just rip off artists. Actually I am AMAZED that you got your money back!
I filled out the order form one time at a mall with a young man who approached me because
a) I knew how cruddy it was to sell stuff like that since I had done something similar once before,
b) I had a $20 on me (there was no way I was giving this guy a card number or a check!, and
c) I knew I wasn’t getting those mags, but when I tried one of these jobs for JUST ONE DAY I knew that it wasn’t him who was getting the money and it was a type of pyramid scheme that he was at the bottom of.
After I left the mall that day I realized I should have just given the poor kid the $20 straight up and told him to take the day off to go look for a better job. (The set up I was offered at a job was for like coupons and you ONLY made $5 on each $25 pack you sold. So technically you could very easily be working like 10 hours a day and only make $20 or so depending on the crowd)
But I did take the fact that I never even got the magazines as write off for this type of scam. (At least with the coupons I sold were good!)
And just last week I got a knock at my door around 7:00 pm….
Me: “Hello?”
20 something girl : “HI! Have the boys been around here? ”
Me: “Boys? No, I just got home a few minutes ago.” (I was thinking she was the mom a few houses down looking for her kids)
20: “Well great! That means I beat them to you! The girls are ahead! WOO HOO!”
(I am totally confused at this point)
20: “Which ever team, boys or girls, sells the most Wasamattas wins a trip to Cancun! You wanna know what that is?”
Me: “Whats that?”
20: “Nothing! Wasamatta with you!”
(The whole thing is so rehearsed its really obvious. At this point I recognize the scam and I straight out ask her if she is selling magazine subscriptions and she says yes.)
Me: “I’m sorry, but I’ve heard this before and I never got my magazines last time so no thank you.”
20: “Well, that’s just silly! If you have two dogs and one of them pees on the rug, you don’t kick them both do you?”
Me: “Good bye.”
I was astounded that this girl actually had an ANSWER READY FOR SOMEONE WHO HAD LOST MONEY IN THIS SCAM BEFORE!
But I should have known better anyway – I need to stick to the same plan you do. I only buy from kids who have official forms with them. And I also make it a rule to not buy from their parents when its a school fundraiser and someone brings it into the office. If they want to bring their kid in I will buy something, but not from Mom and Dad.
Oh and one last note, while I do think that you should buy from kids DO NOT BUY FROM KIDS WHO ARE WALKING DOOR TO DOOR WITH BRAND NAME CANDY!! In Orlando these kids are all over the place and it is this horrible scam where some guy recruits a bunch of kids in a van, buys boxes of candy at walmart, and uses a fake school fundraiser as a cover. The kids get back to the van and the guy takes like 90% of the cash. Tell the kids no, tell them it’s illegal, and tell them to tell the guy if he comes back that you will call the cops!
Or better yet, tell the kid about the scam and tell him you are calling the cops and he should high tail it away from that guy!
I just don’t answer my door anymore. Or I answer it by yelling through it. I’m in a very nice, but urban area and if a stranger knocks on my door it won’t get answered. We have too many problems with crime, panhandlers, and salesmen to answer the door. Sometimes I let my 80 lb Golden Retriever answer the door for me and that takes care of riff-raff.
Be careful, kids being used in scams is VERY popular due to this reason. I’m always a little put off by coworkers pressuring me to buy cookies and other stuff for their kids. On the other hand, I know some schools depend on bake and craft sales for part of their funding – mine did.
When I was young and worked in the mall, I was approached by these two boys on my lunch break. The cornered me on a bench. One was very attractive and flirted with me. The other was talking about these awesome magazine subscriptions he and his buddy were selling. They were very fast talking, and I have to admit, they almost got me. But something didn’t seem right – I trusted my judgment and walked away from them as quickly as possible. I had been marked by the “double team” scam squad. It usually goes like this – super attractive guy/girl flatters you up, super slick salesman makes the pitch. I’m glad I didn’t have my purse with me – sometimes these goons are pickpockets too. Sounds like you got hit with the adult and child version of this.
#7 I would have to say “you’re a sick person if you kick any dog. get off my porch!”
Andrew, you are right that the rule is designed to cover door-to-door sales. This is where the greatest danger is to getting high-pressured into buying something you don’t really need or want, just to get rid of the salesperson.
My wife once arranged to have someone come to “test our water”. Of course what the so-called “tester” was there for was to sell us a $3,000 water purification system. When I asked the cost, she said “$50 a month”. I had to pry it out of her to get the length of time–5 years. I told her I don’t make $3,000 decisions without sleeping on it, and she finally left.
I had no idea this law existed. Thanks for the info! I wish I would have known this earlier. 🙂
Yeah…, the most skilled salesman on the planet can’t hold a candle to a child at your door.
It started off innocent, but now (just like everything else) a lot of corrupt industries are taking advantage of this concept.
This info is golden!!
I got scammed by them once when I lived in the dorms. I sent in my cancellation but never got my money back. There was probably something else I could have done or somewhere I could have reported them, but I chalked it up to lesson learned and have never bought from magazine salesmen since.
I’m so surprised to learn that there isn’t a three day cooling off period for cars! I had always thought that there was, good thing I haven’t depended on it.
Good move on trying to look up the company on Google before buying. I always do this when making internet orders as well. If I have never bought from a company before, I always look up reviews of the website to see what experiences other shoppers have had with them. I’ve saved myself many times from buying into scams by doing this, but it is probably because I search out the absolute lowest prices which are often advertised by terrible companies who are able to offer such low prices because of their low-cost and shady operation.
I hate the way school fundraisers work. The school teams up with a sales company of dubious ethics. The kids go to an assembly where a sales person gives them a hard-core pitch to encourage them to sell (man, I hated those when I was a kid). The kids are pressured to go door to door and sell as much as possible. Then the company takes 95% of the profits, and gives 5% to the school.
I’d much rather support students doing a car wash/ lemonade stand/ craft fair/ bake sale– anything that doesn’t involve an outside company that’s going to use the kids and spit them out so the company executives can steal money from people who mistakenly assume they’re actually supporting the kids, school, or extracurricular activity in a meaningful way.
There is not a cool off period for buying a car. However, each state has it’s own rules about ‘lemon laws’. In Washington State, it’s 3 days. So you have to find something fatally wrong with it in 3 days that wasn’t disclosed in the contract to return it under a lemon law. In other words, doesn’t happen very often.
I once bought magazines from a door-to-door salesman, a young man claiming he was earning money for college. I paid $50 for a 2-year subscription. I got completely ripped off — I never received even one magazine. I tried to follow up with the company several times, to no avail. I’ll never, ever buy that way again.
In defense of the mean old grump that shoos kids off their porch, maybe they were taken in by a kid scam once and swore never to be fooled again.
My mom once turned down (nicely) a little girl selling girl scout cookies door to door. The girl started crying. My mom felt really bad (no, she did not cave and buy the cookies). But now she just doesn’t open the door at all if it’s a girl scout, and she wouldn’t let me join the girl scouts when I was little because she didn’t want me to sell cookies door to door and have me be the girl with the hurt feelings.
That’s quite a lot of info– good to have on hand! I’ve never bought anything besides girl scout cookies from a door-to-door salesperson (kid?) but maybe that’s because I live in a more urban area where people typically aren’t home until late.
With big retail purchases, I typically do a ton of research beforehand and make sure there’s a good return policy– Costco is one of my favorites!
Only once have I ever caved to this sort of thing… bought 40 monthly issues for like a buck an issue (which is pretty much standard price) over the phone to support some cause I don’t remember. I lucked out that it was a magazine that I liked and had just let my subscription lapse, and I actually got my subscription.
If I hadn’t immediately known that the price was right, I would never have bought from a live person. And I still felt kind of dirty caving to it even then.
I never knew about this! It isn’t something that applies to me, but I will pass this along to others. Thanks JD.
Thanks for the info!
Next time I am selling something I will come to your house for sure.
I think a buyer should always be careful. If it seems too good to be true or doesn’t feel right then wait a day or two.
If they tell you that the offer won’t be there in a day then walk away.
I remember years ago a pair of young college- age kids were selling some kind of wonder-vacuum … thingy. They asked to come in, and they wanted to demonstrate all the implements the WV-thingy would replace. I stumped them with my carpet cleaner at the time, which I called a “broom”, and pointed out that the WV-thingy wouldn’t really save me money. I did give them each iced tea, though, and I brought the girl up to my sewing room and made her give me her skirt so I could mend the split in the seam for her.
Sometimes it’s good to have poverty on your side!
I won’t pay a charity for anything I can buy cheaper elsewhere. That isn’t to say that I won’t give them money, but they haven’t “earned” anything. It’s charity even if I get a bag of M&Ms out of the deal. That also means I’m an easy mark for Girl Scout Cookies. Those chicks have a corner on the market and I buy every year.
These posts talk about the annoyance of little kids knocking on the door. I also worry about the potential danger to kids. Your own neighbors are probably safe and you can escort your kids, but what kind of parent sends their kids out to knock on strangers’ doors? While that might be a bit paranoid of me, it’s my job as a parent to weigh risk vs benefit for my kids, and I see little benefit to these activities. There are plenty of safer alternatives to learn any potential skills or make the same money.
I also will not give to my local school. I will support teams, clubs, trips, etc. But if a school doesn’t have enough cash to run they have a problem that my $5 isn’t going to fix. At that point you’re better volunteering time, or even better running for school board.
The way schools run (local governments as well) is what I call the “close the library” mentality. If they don’t have the infinite money supply they want they do the opposite of what we do in our personal budgets. Where we fund necessities first, schools/gov’t funds those last. They start by funding the worst and least popular programs because getting more funding for necessary programs is easier than justifying wasteful spending. They know that no one wants to close the library and people will voluntarily take tax increases or donate to the school to keep the library open. Of course that isn’t EVERY school or district, but I’ve seen my local schools and government do that more times than I can count.
I never buy from unsolicited salespeople. Not even kids, especially at home. The only exception is if I know the people and really interested in the item/s being sold (at a reasonable price, of course).
At home, for safety, I do not open the door to strangers, even if they say they are neighbors. I used to – I had 2 bad experiences, one with a guy asking for donations but when I opened the door he looked like a really suspicious character. The other is Verizon – high-pressure sales and took to much of my free time. At the end asked for my SSN. I said “I don’t give out personal information”. They got mad.
I’d rather relax in my own home than worry about resisting salespeople or people asking for donations. For safety also, you never know if they are legitimate.
-Charlotte
I HAVE RUN FUNDRAISERS THAT INVOLVE SELLING
NO REPUTABLE FUND RAISING COMPANY WANTS YOU TO SEND YOUR KID DOOR TO DOOR TRYING TO MAKE SALES
IT IS INSANELY DANGEROUS FOR THE CHILD!!!!
ALL COMPANIES I DEALT WITH SPECIFICALLY SAID, ONLY GO TO HOMES OF PEOPLE THAT YOU KNOW, IF POSSIBLE CALL AHEAD
IF YOU BUY FROM A KID AT THE DOOR, YOU ARE ONLY ENCOURAGING THEM TO RISK THEIR LIVES
I avoid this situation completely. Basically, we have two entrance doors to the house. One in the carport that we use and our friends know to use. People who do not know us come to the front door and knock. So when there is someone at hte front door, I just dont answer it. If they really knew us, then they would come to the other door and I will answer that one. 🙂 And I couldnt even open the front door if I wanted to because we use the narrow hall/entry for storage!
Honestly.. I hate door to door salesmen, telemarketers, ect. If I want to buy something then I’ll find you.. : p
Useful info, I live in Canada. I’ll need to check if we have a similar law. Thanks for providing an alterate view on ways to saving money.
I knew people in college who would try to sell the magazines, I don’t think they realized they were participating in a scam. They really thought they’d get a trip for their efforts. I never bought from them, didn’t have any money. We regularly get the neighborhood kids selling candy, if we have money we’ll buy a piece or two. We know all of them though and know how much it sucks to have to fundraise. In high school I only ever sold to my friends, I never went door to door.
good points, just wanted to mention that in Ontario, Canada – the cooling off period is actually 10days. Also, if a person takes advantage of this cooling off period, they are entitled to get a full refund within 15days.
My black lab is a lover but he knows a great trick, if I stick him between my calves and hold his colar he starts snarling. I move his head back and forth and he snarls louder–it looks like I’m doing my best to hold him back–salsemen don’t even stay on the porch more than 20 seconds. One ran down the driveway so fast my neighbor called to find out what I had said–I explained about my dog and he laughed and asked if I would come teach his dog that trick.
If you’re refinancing your home, you actually do have a three-day cooling off period called a rescission period. You should receive two to four copies of a document providing you with instruction on how/when to do it properly. This doesn’t apply for a purchase money mortgage, just refinance.
When I was in college, groups of students from other schools came to the campus all the time to sell magazines. They would ask people to “vote” for them so they could win a trip, but if you agreed to it, you would find out that by “vote” they meant “buy magazine subscriptions.”
The first time I was approached (before I knew they were selling magazine subscriptions), this guy came up to me and started talking to me. He was really friendly and nice, and then he started his pitch. I said I don’t read magazines, and he asked if I would buy a subscription for kids in the hospital burn unit or something. I said I didn’t have any money, and he said I could sign up with him and get billed later. He had an answer for every excuse, but finally, I just said, “Look, I’m really sorry, but I’m not buying any magazine subscriptions.”
Then he turned on me — he called me some names, and said some really mean things, like, “I can tell there’s something wrong with you. No wonder you don’t have a boyfriend,” and “I can’t believe I just wasted 20 minutes talking to a loser like you,” etc. After that, I learned to ignore them, or just say, “Not interested!” when they approached me.
Wow … great information. Thanks!
I spent one summer selling cars for a big dealership in Albuquerque, New Mexico and there is such a thing as a three day cooling off period, but it only applies to off site sales. Like at the mall. If you buy at the dealership, no cooling off.
Wow, everything really is covered on this site! I don’t buy things out of impulse, but rather from research. Unfortunately, its very easy to give into the marketing when making consideration to buy something. Some times, enough is enough and you end up just buying the thing! Then once you get it, all the excitement that was built up simply is not there. I’ve experienced this numerous times, and its quite easy just to return what you bought and get your money back, when you ‘cool-off’ and realize its not something you really need.
Sometimes, its getting caught up in the purchase of the product, and not the actual product.
@ Jerry Weaver, Thanks for the info! I’m glad I live far enough out of the city all I get is the occasional Jehovah Witness.
Though it might be legal, I don’t think I’d feel comfortable going back on a deal after I already made the transaction. I think it might be best to tighten the belt, suck it up and learn the lesson.
One correction though… In my home state of Massachusetts (unless it changed recently) there are statutes providing a three-day right to rescind for second mortgages, timeshares, health club contracts, and home improvement contracts.
I had a similar situation, college kid trying to sell me magazines. Had a whole song and dance, his sales pitch was even written on an index card. In the end, he realized I wasn’t going for anything, so he instead asked for a bottle of water, and I obliged. Everyone won in the end, I was left alone, and he did not suffer from dehydration.
Careful…these guys may not just be selling overpriced subscriptions. My stepfather got hooked by them and didn’t get any subscriptions. What he did get was his identity stolen–apparently they hit the whole neighborhood.
My rule of thumb is if I don’t initiate the request for product information/purchase, I don’t buy it. Just don’t let people sell you, period and always google the hell out of the company before you buy.
If I ever get hit by this scam I’d love to pull the kid over while I google the company and see what his reaction is.
Many years ago, while at a mall, I encountered the magazine scam guys too. My friend and I signed up for magazines and then that warning bell went off. We ended up needing to get mall security to chase the guys down, give us our money back and tear up our paperwork. Then security kicked them out of the mall. I’m not joking about chasing them down. I still think about the cops and robbers foot chase whenever I’m in that section of the mall.
I wasn’t aware of this 3-day cooling-off period. As for me, the place where i stay is thousands of miles out of the country where this rule is in place and we don’t hear about things like this or even like consumer rights.
Sad but this is the truth.
Actually, in many cases these kids themselves are victims of abuse:
http://www.portlandtribune.com/news/story.php?story_id=115501199061804400
It’s unbelievable that this kind of thing is still going on in this country.
The first thing I ask the kids or young adult is “are you selling something?” If they say “No, just my sparkling wit and personality.” Then I listen till they try to sell me the magazine and inform them that I have no intention of buying anything form someone whom I can not trust….ie: a liar.
The scary scam used to make me feel sorry for them and want to help….but I’ve learned that they don’t see enough to change their situation. I recommend that they seek help at “insert local place here”.
According to the FTC link you provided you CAN cancel a purchase from someone you’ve invited to your home. The exact quote is…”The Cooling-Off Rule applies even when you invite the salesperson to make a presentation in your home.” Check it out.