Screen an unsolicited sales script and agreement

Key facts

Human involvement
YellowClose supervision
How AI is used
From the script, call log and draft agreement, mark each requirement the ACCC page states for an unsolicited consumer agreement: value, hours, identification, the agreement's contents and timing, the front-page cancellation notice, and what may be supplied or paid during the cooling-off period. Do not rewrite the script or the agreement.
What the lawyer must review
The lawyer decides whether the dealing is an unsolicited consumer agreement and what must change. The ACCC page says the rules do not apply where the total value is under $100. Calls are permitted on weekdays between 9 am and 8 pm and Saturdays between 9 am and 5 pm, and not on Sundays or public holidays. Door-to-door visits are permitted on weekdays between 9 am and 6 pm and Saturdays between 9 am and 5 pm, and not on Sundays or public holidays. The salesperson must leave or hang up immediately if asked, and must say so upfront on a visit. After a visit, the business must not contact the consumer again for 30 days. The salesperson must give their name, the business name and address, and the purpose. The agreement must be given within 5 business days after a phone call, or immediately if signed in person, and must be easy to read, signed and dated on the front by both parties, and include the total price or how it is calculated, delivery charges, the salesperson's name and contacts, the business address, email, ABN or ACN, and cooling-off information. The front page must carry the cancellation notice the ACCC page sets out, including the right to cancel within 10 business days from and including the day after the consumer signed or received the agreement. During that period the seller must not supply services, other than electricity, gas or emergency repairs, must not take payment other than for those, and may supply products only if they cost less than $500 including GST. Specified breaches extend the period to 3 months or 6 months, as the page lists. Uninvited sales of financial products are generally not permitted and are a matter for ASIC.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceFrom the script, call log and draft agreement, mark each requirement the ACCC page states for an unsolicited consumer agreement: value, hours, identification, the agreement's contents and timing, the front-page cancellation notice, and what may be supplied or paid during the cooling-off period. Do not rewrite the script or the agreement.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the agreement is at least $100 before applying the regime. Record the basis for the value.
  2. Check the front-page notice against the words on the ACCC page, including the 10 business day period.
  3. Check the hours against the call log or visit record, including public holidays, and whether the salesperson left when asked.
  4. If the product is a financial product sold without an invitation, stop the consumer-law screen and have the lawyer consider the ASIC prohibition the ACCC page describes.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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