Important moments in the video
[00:00] How Marcello can cancel his contract.
[01:26] Laws about doorknocking.
[02:49] ‘Do not knock’ stickers.
[03:19] Who can investigate a complaint.
[03:37] Where to get legal help.
[03:57] Credits.
Transcript
[Jenny Lawton, a Victoria Legal Aid lawyer, is in her office.]
Jenny Lawton: [To camera] What can Marcello do now? He’s signed a contract. He likes to talk to his family and friends overseas. But he doesn’t need a new phone deal.
[Marcello D’amico, an older man, is sitting at his dining room table. He is reading the documents that James Turner left him in Door-to-door sales part one.]
Jenny: [Voiceover] The law says Marcello can change his mind. He has ten business days to cancel the contract and let the company know he does not want to go ahead.
Jenny: [In office, to camera] There should be information in the contract telling Marcello how to cancel. There should be a cancellation form.
[Marcello smiles when he finds a cancellation form. He signs the form. Marcello takes a big breath, and his shoulders drop.]
Jenny: [Voiceover] All Marcello needs to do is fill in the form, sign it and send it back to the company. If Marcello sends in the signed form within ten business days, the company must bring the contract to an end.
[Close up of a document being photocopied.]
Jenny: [Voiceover] It would be a good idea if Marcello took a photocopy of the signed form.
Jenny: [In office, to camera] It would also be a good idea if he mailed the form back to the company by registered post. That way he can prove he sent the form back within the ten business days. If Marcello wants, he can deliver the form personally to the company. The company must provide a street address in its contract.
[Marcello is looking through his information pack. He runs his finger down the final page. Unable to find the information he wants, he pushes the whole information pack away.]
Jenny: [Voiceover] If the company didn’t give Marcello information about how to cancel, the law says Marcello will have six months to change his mind and bring the contact to an end.
Jenny: [In office, to camera] Sending in forms can be a hassle.
[At the front of Marcello’s house, James Turner is waiting at the door. He looks arounds and fidgets. James knocks on the door. He looks at his watch. He shakes his head then leaves.]
Jenny: [Voiceover] So what could Marcello have done to avoid the situation? Perhaps he shouldn’t have answered the door. After all, there’s no law that says you have to open your door to salespeople. In fact, the law says there are times salespeople cannot knock or phone you at all.
[On-screen text appears]
What are the times for door knocking or phone calls?
Door knocking can only happen:
- Monday to Fridays 9 am to 6 pm
- Saturdays 9 am to 5 pm
- No calls or visits on Sundays or public holidays.
Jenny: [Voiceover] Even if they do contact you during the right day and times, you don’t have to answer the door.
Jenny: [In office, to camera] And, if they don’t follow the law, the salespeople can be fined thousands of dollars, and their company even more.
[Marcello is talking to James from his doorway.]
Marcello D’amico: Okay, come in, come in.
[James smiles and walks through the doorway and down the corridor.]
Jenny: [Voiceover] And if you do let a salesperson into your home, you don’t have to sign anything.
[Marcello and James sitting at Marcello’s large dining room table. There is paperwork in front of them. Marcello waves his pen up and down.]
Marcello: I really need to think about this.
James Turner: [Smiling] Of course you can…
[James points to a place in the contract]
James: …just sign here. Then have a think about it, and if you want to give us a call.
Marcello: That’s not going to work for me. I really need to know what I’m getting into before I sign up for it.
James: [smiling, but insistent] Marcello, read the information pack. Everything is in there.
Marcello: [emphatic] I am happy with my current plan. I’m not going to sign up with you.
[Marcello bangs the table as he puts the pen down. James’s face falls. Marcello makes a hand gesture.]
Marcello: Arrivederci Mr Turner.
[James glares at Marcello as he collects the paperwork into his folder. He stands up and walks out of the dining room.]
Jenny: [In office, to camera] Another thing you can do is put one of these free stickers on your gate or on your front door.
[Jenny holds up a sticker. The sticker says ‘Do not knock’ in capital letters. A red circle with a diagonal line running through the circle it is superimposed over a fist knocking on a door. Underneath is text in capital letters that reads ‘No sales people. Door knocking here is unlawful.’]
[Marcello puts a ‘Do not knock’ sticker on his front door. As Marcello closes his door, there is a closeup of the sticker.]
Jenny: [Voiceover] If you put this sticker up, a salesperson is not allowed to knock at all.
[James smiles as he approaches Marcello’s front door. He looks at the door and stops smiling. The camera zooms in on the ‘Do not knock’ sticker. Marcello is sitting in his lounge room reading a newspaper. He hears knocking and looks through his privacy curtains. He sees James’s silhouette at the front door. Outside Marcello’s house, James peers through the privacy curtains.]
Jenny: [Voiceover] If they see your sticker and knock anyway, this is trespass and may be a breach of the Australian Consumer Law. You can complain.
Jenny: [In office, to camera] All salespeople must carry photo ID. So get their details so you can make a complaint.
[Screen fades to black. Instrumental music plays.]
[On-screen text listing information about complaints]
Who can investigate complaints?
Dispute resolution bodies
Organisations in your state or territory can help you:
Australian Competition and Consumer Commission
For free help making a complaint about door-to-door marketing:
- visit accc.gov.au
- free call 1300 302 502
Jenny: [In office, to camera] If you have a problem with a door-to-door sale, it’s important to get advice immediately.
[Screen fades to black. Instrumental music plays.]
[On-screen text listing information about where to get help]
Where can I get help?
Legal advice
Organisations in your state or territory that can give you free legal advice:
[On-screen text listing credits]
Script
Community Legal Education team
Victoria Legal Aid
Director, Cameraman, Editor
Stefan Markworth
Presenter: Jenny Lawton
Cast
Marcello D’amico – Marcello D’amico.
James Turner – Mark Tregonning
Copyright 2014 Victoria Legal Aid
[End transcript.]
Reviewed 30 January 2024