Legal Question in Business Law in California

Re: 72 hour right of refusal

No, but you said there was 72 hour period by contract. If you have proof of timely cancellation, they lose. Show it to them, or to the judge if you're sued.

Re: 72 hour right of refusal

Read The Contract. Don't Do Stuff Verbally. Did you cancel by mailing them a certified letter return receipt requested? Is there anything specific in the contract about how exactly you are supposed to cancel?

Re: 72 hour right of refusal

There are several types of contracts that require a right to cancel within 72 hours; see, e.g.:

http://www.dca.ca.gov/publications/legal_guides/k-10.shtml

If your phone company has a record that you called Direct TV, that evidence plus your testimony may be enough to sway a small claims court judge. Contact the California Department of Consumers Affairs for more help.

It's ridiculous what some businesses will do, isn't it?! Good luck.

Re: 72 hour right of refusal

There are a few types of contracts where special statutes give the consumer a right to rescind within a period of time after signing, often 72 hours, and one type that comes to mind is so-called "home solicitation contracts" which I think relates to services or stuff sold by door-to-door peddlers. I think some home improvement contracts fall into a 3-day right to rescind category too.

Nevertheless, a rescission right is NOT a general aspect of contract law, and 99% of contracts are binding when signed by both parties.

Now, if the contract itself provides for a 7-day free trial period, that's a different matter. This is not a right to cancel the contract so much as it is a right to terminate it after a short period and/or to get free services for a week. Rescission and early termination are conceptually different. One of the differences is that for rescission, the right arises independent of the contract, but early termination is a feature of the contract and depends upon being set forth therein.

As the other guys said, you'll need to read the contract terms. If it isn't mentioned in the black and white of the contract, you're in for tough sledding.