" Some manufacturers...favor door-to-door sales (because) ...the selling price may be several times greater than...in a more competitive environment (and)...consumers are less defensive...in their own homes and...are, especially, susceptible to high pressure sales tactics". Personal Property Law [PPL] §§425-431 "'afford(s) consumers a 'cooling-off' period to cancel contracts which are entered into as a result of high pressure door-to-door sales tactics'". PPL §428 provides consumers with rescission rights should a salesman fail to complete a Notice Of Cancellation form on the back of the contract. PPL §428 has been used by consumers in Rossi v. 21st Century Concepts, Inc. [misrepresented pots and pans costing $200.00 each], Kozlowski v. Sears [vinyl windows hard to open, did not lock properly and leaked] and in Filpo v. Credit Express Furniture Inc. [unauthorized design and fabric color changes and defects in overpriced furniture]. Rescission is also appropriate if the Notice of Cancellation form is not in Spanish for Spanish speaking consumers. A failure to "comply with the disclosure requirements of PPL 428 regarding cancellation and refund rights" is a per se violation of GBL 349 which provides for treble damages, attorneys fees and costs. In addition PPL 429(3) provides for an award of attorneys fees and costs.
