Legal Question in Consumer Law in Kentucky
Consumer Question
Dish network was installed in my home today. I feel I was mislead in the programing I will be receiving. I wish to cancel my service. My question is- Is there 72 hour grace period with these things? I can't find anything about this in the contract, but I thought by law I have a certain time period to cancel without penalty. Thanks for any help.
1 Answer from Attorneys
Re: Consumer Question
The 72-hour cancellation grace period in Kentucky applies only to a "home solicitation sale." The Kentucky Revised Statute provides:
367.410 Definition of home solicitation sale.
As used in KRS 367.410 to 367.450, unless the context otherwise requires:
"Home solicitation sale" means a sale of goods or services, including consumer loans, in
which the seller or a person acting for him engages in a personal solicitation of the sale at
a residence of the buyer and the buyer's agreement or offer to purchase is there given to
the seller or a person acting for him. It does not include a sale made pursuant to prior
negotiations between the parties, by telephone initiated by the buyer or at a business
establishment at a fixed location where goods or services, including loans, are offered or
exhibited for sale.
If your transaction with Dish Network meets the definition above, you may be covered under the 72-hour limit. Otherwise, your ability to cancel the contract will be limited by the wording in the written contract itself.
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