4 Day Right to Cancel

Should Broward County have its own 3-Day Right to Cancel Ordinance?

      Merchandise bought at a consumer’s home, allows the consumer a 3-day right to return a purchase of $25 or more for a full refund. The cooling-off rule applies to sales of goods and services at the buyer’s home, workplace, dormitory and when a salesperson is invited to make a presentation. The salesperson must disclose cancellation rights at the time of sale and provide with two copies of the cancellation form and a copy of the contract or receipt, all for signature by the purchaser. The purchaser retains one copy of the cancellation policy and contract.
      The 3-Day Right to Cancel applies to a consumer’s right to cancel a contract with businesses such as vocational schools and fitness centers. These are required to provide the consumer with a copy of the contract before signing up. Additionally, the consumer has the right to cancel within a few days of signing up. In the past, many of these businesses refused to honor the consumer’s right to cancel. However, over time and with better regulations, the Consumer Affairs Division rarely receives a complaint from a consumer regarding refusal to cancel.
      The Federal Trade Commission Rules issued pursuant to 15 U.S.C. 45(a)(1) defines the cooling off the rule. Moving on Florida State law, Florida Statutes 520.25 merely reiterates the federal law. And lastly, Broward County Code of Ordinances Sec 20-159 et seq. incorporates by reference all of the FTC rules. After researching the Consumer Protection website, the Attorney General’s website and contacting the Broward County Attorney (response attached), it is clear that Broward County does not have any specific or additional rules to the ones set out by the FTC.
      There are a number of reasons why the County Commissioner may consider County specific ordinances in regards to the 3-Day right to cancel. First, looking at the demographics of Broward County, there is a large population of...