Missouri Fraudulent Sales

The Missouri attorney general through its Consumer Protection Division enforces Missouri's Consumer Protection Act to protect you against fraud in such areas as home solicitation. Missouri laws prohibit "deception, fraud and misrepresentation or concealment of material facts in the sale or advertisement of goods or services". Unscrupulous sellers try to victimize consumers in their own homes by selling everything from magazines to vacuum cleaners to energy-saving products to , my favorite, encyclopedias. Not all are scam artists but beware of anyone selling you something in your home. These sellers will use high-pressure or scare tactics, so don't listen to them. If you think you really want the product, get a business name, telephone number and address, say goodbye and check it out first with the Better Business Bureau or the Consumer Protection Division. Most times, however, it is best just to close the door with them on the outside. Most complaints are from consumers that realized they paid much for the product than they would have paid if they bought it from a local business or had just subscribed directly to the magazine they wanted.

To avoid being a victim of a door-to-door "salesman" follow these tips. If you feel hurried, intimidated or being forced to agree, end the conversation and get that person out of your house. You invited him in and you can invite him out. Better yet, don't let him in your house. Talk through the screen or partially open door. He is a stranger, just because he has some kind of badge or id doesn't make him someone you want in your house. Don't fall for the "sympathy" approach. Most salesmen seem working their way through college or have some other story to make you think they are honest people. If he promises you money for a referral to a friend, don't do it. He just wants to use your name to make his pitch to your friend. What better way to prove he is honest. After all, you recommended him.

If you are truly interested in buying from a door-to-door salesman, get everything in writing including price and warranty. Tell the salesman you will check it out and get back to him. You will know by his answer if this is fraud or not. He, of course, wants the sale right now, but if he doesn't want to let you check out the offer it is nothing you want.

If you actually buy from a door-to-door salesman, do not pay cash. You probably will never see the merchandise or the cash again. Missouri law gives you have the right to cancel any contract within three business days if the sale is in your home. It does not cover cash sales so the easiest way for even an honest salesman to avoid you cancelling out is to ask for cash. By law, door-to-door salesmen must tell you that you can cancel the contract and that right must be in the contract you sign. If you wish to cancel, write the business using certified mail. You can't cancel a door-to-door sale if you requested immediate delivery because of an emergency, the business started work and is well into completion, or if you have damaged the product in any way. If you meet the above requirements the business must return any payment you made within ten days and cancel the contract.

If you cancel the contract, the seller can ask you return any delivered merchandise. If he wants it mailed to him then he pays the postage. However if within 20 days the seller does not ask you to return the product, it is yours to keep. It then falls under a Missouri law of "unsolicited merchandise" whereby "if a product is delivered to a person for whom it is intended, such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender."

If you need to file a complaint call the Consumer Protection Hotline at 800-392-8222 to go the Attorney General's web site.