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Revision as of 22:38, 7 October 2010
Seminar sales and promotions are regulated only to the extent of the contract wording or advertisement language. Contract cancellation periods are cited in Civil Code Section 1689.20, falling within the three day cancellation time period. More information is available on the Contracts (Fact Sheet) page.
Some of the statutory provisions which govern the sales of goods and seminar sales are:
*Seminar Sales Solicitation Contract or Offer means any single of multiple contract or offer which is subject to approval for the sale, lease or rental of goods or services (or both) in the amount of $25 or more which is made using selling techniques in a seminar setting. The $25 threshold includes any interest or service change. [CC § 1689.24(a)]
*Seminar Setting means premises other than the buyer's residence. [CC § 1689.24(b)]
*Buyers Agreement The buyer's agreement or offer to purchase must be in writing, and must be in the same language as is principally used in the oral sales presentation. The agreement or offer must be dated and signed by the buyer, and must state on the first page the name and address of the seller and the date on which the buyer signed the agreement or offer. The agreement or offer must contain a conspicuous, statutorily-prescribed notice or the buyer's right to cancel, which must be in immediate proximity to the buyer's signature. The seller must give the buyer a copy of the agreement or offer and the required Notice of Cancellation forms (see next subsection). [CC § 1689.21(a),(b),(d)]
Civil Code section 1689.20 states:
(a) In addition to any other right to revoke an offer, the buyer has the right to cancel a seminar sales solicitation contractor offer until midnight of the third "business day" after the day on which the buyer signs an agreement or offer to purchase which complies with Section 1689.21.
(b) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address specified in the agreement or offer.
(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
(d) Notice of cancellation given by the buyer need not take the particular form as provided with the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the seminar sales solicitation contractor offer.
If seminar is cancelled, refer to contract language which explains the terms of the presentation. If the sale or promotion constitutes false advertising, the consumer should contact the Attorney General's Office.
California Department of Justice, Office of the Attorney General
1300 I Street
Sacramento, CA 95814
(800) 952-5225 (CA Callers)
(916) 322-3360 (Out of State)
(916) 323-5341 Fax
(800) 952-5548 (TDD in CA)
(916) 327-5564 (TDD Out of State)
If fraudulent seminar offer came through the mail, or if payment was made through the mail to the person or company advertising the seminar, notify the US Postal Inspector.
US Postal Inspector Criminal Division
PO Box 13130
Sacramento, CA 95813