Hi all

I've noticed that the concept of Direct Marketing is widely covered in these forums (although I can't find the specific thread on the topic that sparked this post).

I am no expert on the Consumer Protection Act (CPA) but I do believe that the Act will have far reaching consequences, especially with regard to Direct Marketing. I know it's gonna clutter the post but see section 16 of the CPA below, especially subsection 3.

Consumer’s right to cooling-off period after direct marketing
16. (1) This section does not apply to a transaction if section 44 of the Electronic
Communications and Transactions Act applies to that transaction.
(2) To the extent that this section applies to a transaction or agreement, it is in addition
to and not in substitution for any right to rescind a transaction or agreement that may
otherwise exist in law between a supplier and a consumer.
(3)A consumer may rescind a transaction resulting from any direct marketing without
reason or penalty, by notice to the supplier in writing, or another recorded manner and
form, within five business days after the later of the date on which—
(a) the transaction or agreement was concluded; or
(b) the goods that were the subject of the transaction were delivered to the
consumer.

It appears from the above that in certain instances, where direct marketing is used, a customer can resile from a contract which s/he has enterred into within a 5 day period.

I am also no businessman but would imagine that such a provision coupled with the very common "buyers remorse" may become a nightmare to the salesperson who uses Direct Marketing as a tool.

Would be interesting to hear different opnions?

Thanks