MARYVILLE (WATE) – If you have ever purchased a product from a door-to-door salesperson, it’s a state and federal rule that you have three days to cancel the order. A couple in Maryville, displeased with the frozen food delivered to their home, tried to cancel within three days, but the salesman hasn’t responded.
Under Tennessee law, you have the right to cancel certain transactions within three days. Situations where the “cooling off” rule applies include home solicitations, door-to-door sales, and telemarketing sales.
A door-to-door salesman placed frozen food in the garage freezer of Barbara and John Bakelaar in early April. The couple had bought food from the salesman before with no issues, but this time Barbara Bakelaar says the amount of food purchased did not match what she expected and what what they had paid.
John Bakelaar had been home alone when the salesman came, so he called his wife. She had been out of state visiting friends. John Bakelaar handed the phone to the salesman to talk with his wife.
He said, ‘I’m going to sell you all of this.’ He told me, ‘Fish.’ I said, ‘What kind?’ He said, Telapia, flounder, and lobster tail. All different kinds of shrimp,'” said Barbara Bakelaar.
There are several pieces of pork, but no steaks no chicken as the salesman said there would be. There is only shrimp. No telapia, flounder, or lobster tail. Barbara Bakelaar says the rest never showed up. The couple says they didn’t see what he put in the freezer until after the salesman left.
The salesman is Randy Morris from T&T Deliveries.
“I expected a whole lot more,” said John Bakelaar.
That’s one problem. The other is a huge discrepancy in the price of the food. Barbara Bakelaar says Morris told her he would deliver all the promised meat for $98, but John Bakelaar was given a different cost: $498. So, he gave Morris the $498, not knowing the price Morris had quoted to his wife or the amount of food Morris had promised.
Barbara Bakelaar says she can only reach the company’s answering machine and her calls have never been returned. She said within the first day of receiving the food, she tried to cancel the entire order and she had the right to do so.
Under the state’s three-day “cooling off rule,” buyers have the right to cancel a home solicitation sale within three business days. You must give written notice of the cancellation to the seller at the address stated in the agreement. She did this to no avail.
WATE 6 On Your Side was also unable to reach Randy Morris.
“I want him to give my husband his money back. He very clearly took advantage of my husband. I don’t want anybody else to get trapped liked this. I don’t want anybody else to fall victim,” said Barbara Bakelaar.
There are other rules regarding the “cooling off” period established by the Federal Trade Commission. At the time of the sale, the seller must tell you about your right to cancel. The seller must also give you two copies of a cancellation form – one to keep and one to send if you decide to cancel your purchased.
You must also be given a dated copy of your contract or receipt, which shows the name and address of the seller and explains your right to cancel. The rules do not apply to either used or new cars.