Anonymous

Difference between revisions of "Direct Sales, Future Performance, and Time Share Contracts (11:V)"

From Clicklaw Wikibooks
no edit summary
Line 3: Line 3:
Since the ''BPCPA'' has replaced the ''Consumer Protection Act'', the ''BPCPA'' covers door-to-door sales, payday loans, credit cards, income tax refund services (although the federal Tax Rebating Discounting Act, RSC 1985, c T-3 regulates the actual amount which can be refunded), food plan contracts, unsolicited goods, and similar activities. The primary remedy for consumers in the ''BPCPA'' regarding these types of activities is the right to avoid or cease contracts for direct sale or for future services, after giving notice in the manner required by the statute. A single contract may fall under more than one category, and in that case, will attract the requirements and cancellation provisions of each applicable section.  
Since the ''BPCPA'' has replaced the ''Consumer Protection Act'', the ''BPCPA'' covers door-to-door sales, payday loans, credit cards, income tax refund services (although the federal Tax Rebating Discounting Act, RSC 1985, c T-3 regulates the actual amount which can be refunded), food plan contracts, unsolicited goods, and similar activities. The primary remedy for consumers in the ''BPCPA'' regarding these types of activities is the right to avoid or cease contracts for direct sale or for future services, after giving notice in the manner required by the statute. A single contract may fall under more than one category, and in that case, will attract the requirements and cancellation provisions of each applicable section.  


:'''NOTE:''' When exercising cancellation rights under the ''BPCPA'' consumers should be apprised of ss 27 and 28. In most cases, the contract is effectively rescinded by the cancellation; goods must be returned undamaged and payment must be refunded in full.  
:'''NOTE:''' When exercising cancellation rights under the ''BPCPA'' consumers should be apprised of ss 27 and 28. In most cases, the contract is effectively rescinded by the cancellation; goods must be returned undamaged and payment must be refunded in full. Furthermore, if a supplier will not provide a refund as required under Division 2 of the ''BPCPA'', section 55 of stipulates that a consumer may be entitled to recover the refund as a debt due.


== A. Direct Sales ==
== A. Direct Sales ==
5,109

edits