Published Tuesday, 17 June, 2008 at 02:52 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Prosecution Serves as Warning to Dodgy Door-to-Door Traders
Attorney-General and Minister for Justice Kerry Shine is warning anyone operating as a door-to-door trader they can be fined if they’re found guilty of ripping off customers.
The warning comes after a Gold Coast company was fined $4000 plus court costs for breaching the Fair Trading Act 1989.
Mr Shine said Classic Concrete Australia Pty Ltd did not comply with the requirements of fair trading laws that regulate door-to-door contracts.
“The company has a clear obligation to comply with the door-to-door requirements of the Fair Trading Act 1989 which it failed to do in this case,” he said.
“Classic Concrete Australia offered Mudgeeraba and Tugun consumers concrete stencilling and failed to include the relevant written warnings on its contract documents.”
“The company also failed to provide the forms required by law to inform consumers of their rights and how they may cancel a contract during the 10 day cooling-off period.
“It also breached the Act by taking deposits during the cooling-off period.”
Magistrate Michael O'Driscoll said the offences were serious because they breached consumer protection legislation.
He said it was clear that sections of the Act relating to door-to-door selling were intended to protect consumers who were at a disadvantage when dealing with traders, as they do not have a chance to check prices or compare products or services.
Mr Shine said while many legitimate businesses legally operate door-to-door, many scammers attempt to prey on people at home.
“Some traders will use high-pressure tactics, rushing consumers into making on-the-spot decisions and demanding cash upfront.
“Make sure you don't pay by cash or pay for anything upfront, not even for materials,” he said.
“Ask for a receipt with a name and address on it and also request a written warranty and contract.
“Traders caught breaching the Act face fines of up to $40,500 for individuals and $202,500 for companies.”
Under the Fair Trading Act 1989, door-to-door salespeople must:
• only contact customers between 9am and 6pm from Monday to Friday, and 9am and 5pm on Saturdays. Calls on Sundays or public holidays are prohibited
• provide a written contract clearly stating the breakdown of costs, including GST and the total price, with the sale of goods or services valued at more than $75
• produce an identity card with the dealer’s full name and address
• provide a 10 day cooling-off period in the sale of goods and services valued at more than $75. During this time no payment, including deposits, can be accepted and no work can commence.
If you have any concerns or suspicions about a door-to-door trader, visit www.fairtrading.qld.gov.au or call the Office of Fair Trading on 13 13 04.
Media Contact: Troy Davies 3239 6400 or 0488 799 273
The warning comes after a Gold Coast company was fined $4000 plus court costs for breaching the Fair Trading Act 1989.
Mr Shine said Classic Concrete Australia Pty Ltd did not comply with the requirements of fair trading laws that regulate door-to-door contracts.
“The company has a clear obligation to comply with the door-to-door requirements of the Fair Trading Act 1989 which it failed to do in this case,” he said.
“Classic Concrete Australia offered Mudgeeraba and Tugun consumers concrete stencilling and failed to include the relevant written warnings on its contract documents.”
“The company also failed to provide the forms required by law to inform consumers of their rights and how they may cancel a contract during the 10 day cooling-off period.
“It also breached the Act by taking deposits during the cooling-off period.”
Magistrate Michael O'Driscoll said the offences were serious because they breached consumer protection legislation.
He said it was clear that sections of the Act relating to door-to-door selling were intended to protect consumers who were at a disadvantage when dealing with traders, as they do not have a chance to check prices or compare products or services.
Mr Shine said while many legitimate businesses legally operate door-to-door, many scammers attempt to prey on people at home.
“Some traders will use high-pressure tactics, rushing consumers into making on-the-spot decisions and demanding cash upfront.
“Make sure you don't pay by cash or pay for anything upfront, not even for materials,” he said.
“Ask for a receipt with a name and address on it and also request a written warranty and contract.
“Traders caught breaching the Act face fines of up to $40,500 for individuals and $202,500 for companies.”
Under the Fair Trading Act 1989, door-to-door salespeople must:
• only contact customers between 9am and 6pm from Monday to Friday, and 9am and 5pm on Saturdays. Calls on Sundays or public holidays are prohibited
• provide a written contract clearly stating the breakdown of costs, including GST and the total price, with the sale of goods or services valued at more than $75
• produce an identity card with the dealer’s full name and address
• provide a 10 day cooling-off period in the sale of goods and services valued at more than $75. During this time no payment, including deposits, can be accepted and no work can commence.
If you have any concerns or suspicions about a door-to-door trader, visit www.fairtrading.qld.gov.au or call the Office of Fair Trading on 13 13 04.
Media Contact: Troy Davies 3239 6400 or 0488 799 273