Section 443. Form of notice; statement of buyer's rights  


Latest version.
  • 1.  In a telephone
      sale,  the  seller  shall  furnish to the buyer, in the same language as
      that principally used in the sales presentation, a written notice, which
      shall contain in not less than ten-point boldface type, a  statement  in
      substantially the following form:
        "You,  the  buyer,  may cancel this transaction without any penalty or
      obligation at any time prior to midnight of the third business day after
      receipt of this notice. If you cancel, any payments made  by  you  under
      the  sale  will  be  credited to your charge account within ten business
      days  following  receipt  by  the  seller  of  your  written  notice  of
      cancellation  and  any  security interest arising out of the transaction
      will be cancelled.
        If you  cancel,  you  must  make  available  to  the  seller  at  your
      residence,  in  substantially  as  good  condition as when received, any
      goods delivered to you under this contract of sale; or you may,  if  you
      wish,  comply  with  the  instruction of the seller regarding the return
      shipment of the goods at the seller's expense and risk.  If you do  make
      the  goods  available to the seller and the seller does not pick them up
      within twenty days of the date of your notice of cancellation,  you  may
      retain  or  dispose  of the goods without any further obligation. If you
      fail to make the goods available to the  seller,  or  if  you  agree  to
      return the goods to the seller and fail to do so, then you remain liable
      for  performance  of all obligations under the contract.  To cancel this
      transaction, mail or deliver a written notice of cancellation, or send a
      telegram to (name of  seller)  at  the  following  address  (address  of
      seller)".
        2.  Until the seller has informed the buyer of his right to cancel and
      has complied with the provisions of this article, the buyer or any other
      person obligated for any part of  the  purchase  price  may  cancel  the
      telephone sale by notifying the seller in any manner and by any means of
      his  intention  to  cancel.  The period prescribed by subdivision one of
      this section shall begin to run from the time the seller  complies  with
      the provisions of this article.
        3. Pursuant to subdivision one of this section, the seller is required
      to  furnish the buyer with the seller's name, and the name of the person
      to whom any notice of cancellation is to be given if different from  the
      seller's  name,  the  legal  name  of the company for whom the seller is
      soliciting, the seller's street address and the seller's  phone  number.
      The  seller  is additionally required to furnish the buyer with the date
      of the telephone sale and a description of the telephone sale.