FEDERAL TRADE COMMISSION & TENNESSEE CANCELLATION RULES

THE FTC'S COOLING-OFF RULE ALSO KNOWN AS RIGHT TO CANCEL:

• If you buy something at a store and later change your mind, you may not be able to return the merchandise. But if you buy an item in your home or at a location that is not the seller's permanent place of business, you may have the option. The Federal Trade Commission's (FTC's) Cooling-Off Rule gives you three days to cancel purchases of $25 or more. Under the FTC's Cooling-Off Rule, your right to cancel for a full refund extends until midnight of the third business day after the sale.
  
• The FTC's Cooling-Off Rule applies to sales at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants. The FTC's Cooling-Off Rule applies even when you invite the salesperson to make a presentation in your home.
  
• Under the FTC's Cooling-Off Rule, the salesperson must tell you about your cancellation rights at the time of sale. The salesperson also must give you two copies of a cancellation form (one to keep and one to send) and a copy of your contract or receipt. The contract or receipt should be dated, show the name and address of the seller, and explain your right to cancel. The contract or receipt must be in the same language that's used in the sales presentation.

THE FTC'S COOLING-OFF RULE DOES COVER:

• Over $25;
• purchases of goods or negotiations of services made at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurant and
• primarily intended for personal, family, or household purposes including home improvements.
• Refinancing real estate mortgage or purchasing an additional real estate mortgage e.g. home improvement, home equity line of credit, or second or third real estate mortgage.

THE FTC'S COOLING-OFF RULE DOES NOT COVER:

• Real estate, insurance, or securities.
• Automobiles, vans, trucks, or other motor vehicles.
• Arts or crafts sold at fairs or locations such as shopping malls, civic centers, and schools.
• Goods or services needed to meet an emergency or at your request for immediate repair or maintenance. Suppose insects suddenly appear in your home, and you waive your right to cancel.
• Results of prior negotiations at the seller's permanent business location where the goods are sold regularly.
• Made through the mail or over the telephone.

HOW TO CANCEL UNDER THE FTC'S COOLING-OFF RULE:

• To cancel a sale, sign and date one copy of the cancellation form. Mail it to the address given for cancellation, making sure the envelope is post-marked before midnight of the third business day after the contract date. (Saturday is considered a business day; Sundays and federal holidays are not). Because proof of the mailing date and proof of receipt are important, consider sending the cancellation form by certified mail so you can get a return receipt. Or, consider hand delivering the cancellation notice before midnight of the third business day. Keep the other copy of the cancellation form for your records.
  
• If the seller did not give cancellation forms, you can write your own cancellation letter. It must be post-marked within three (3) business days of the sale. You do not have to give a reason for canceling your purchase. You have a right to change your mind.
  

IF YOU CANCEL UNDER THE FTC'S COOLING-OFF RULE:
If you cancel your purchase, the seller has ten (10) days to:

• Cancel and return any promissory note or other negotiable instrument you signed;
• refund all your money and tell you whether any product you still have will be picked up; and
• return any trade-in.
  
  

Within twenty (20) days, the seller must either pick up the items left with you, or reimburse you for mailing expenses, if you agree to send back the items.

If you received any goods from the seller, you must make them available to the seller in as good condition as when you received them. If you do not make the items available to the seller -- or if you agree to return the items but fail to -- you remain obligated under the contract.