Michigan Department of Attorney General re-releases contract cancellation consumer alert to celebrate National Consumer Protection Week

March 6 through 9 marks National Consumer Protection Week. In recognition, Michigan Attorney General Dana Nessel will re-release the consumer alerts on the subjects that Michigan residents report to the department most frequently.

“There are several protections in place to ensure that our state’s residents can avoid and address common issues when spending their hard-earned money,” Nessel said. “Michigan consumers should be informed about the resources available to them when the goods they purchase don’t meet reasonable standards of quality. As the state’s top consumer advocate, I am proud to offer the Michigan Department of Attorney General’s expertise for your connection to consumer protection.”

Tuesday, Nessel highlighted the state’s contract cancellation laws, which can provide consumers with relief when their purchases lead to buyer’s remorse.

As a general matter of contract law, consumers do not have a right to cancel a sale of goods or services. Where the merchant has provided the goods or services that the consumer agreed to buy, the consumer generally may not insist on canceling a transaction after the fact.?

In the case of defective, damaged, or undelivered goods, consumers may be able to demand their money back.?And those merchants who choose to offer consumers a “money-back guarantee” must live up to their promises.

Additionally, there are certain circumstances when consumers do have a legal right to a “cooling-off period.” During an applicable cooling-off period, the contract may be cancelled but consumers must carefully follow written instructions that sellers are required to provide at the time the contract is signed.

Under state or federal law, consumers have?three?business days to cancel a contract if:

• The sale was solicited in the consumer’s home.
• A gift was offered for attending a sales presentation that led to the contract.
• A consumer’s primary home is used as security and the loan is not used to purchase or construct the home.

Consumers have?one?business day to cancel a contract if:

• The contract is for home improvement and the consumer agrees to make payments over time to the contractor.

Because these laws can be tricky, the attorney general advises consumers who think their situation may be covered to read their contracts thoroughly and, if you have questions whether the law applies, promptly seek legal advice.

Merchants are required to provide written notice in the contract that you have a right to cancel and explain what you must do in order to provide notice of your decision to cancel.? If this information is not provided, then the length of time to cancel may be extended.

The Michigan Department of Attorney General addresses over 30,000 consumer complaints annually, ranging from identity theft and online scams to robocalls or fraudulent business practices. For additioanl information about popular consumer scams, or for those who believe they habve been a victim, residents can contact the Consumer Protection team Monday-Friday at 877-765-8388 or complete our online complaint form at https://secure.ag.state.mi.us/complaints/consumer.aspx.