Legal Question in Consumer Law in Virginia

Re: telephone solicitation

No. Under the Virginia Home Solicitation Sales Act, the company has to get you a written agreement that contains a "three day cancellation" provision. There are limitations and exclusions, the most important of which are that it must be a "consumer transaction" made to you at your home by a "supplier of goods or services" who is not calling you from his home.

You have the three days to cancel whether they give you a written contract or not. The written contract starts the deadline clock ticking, however, on your three days.

Violations of the Home Solicitation Sales Act subject the solicitor to civil damages in the minimum amount of $500 plus attorney's fees.

Again, if the solicitation had characteristics that could be characterized as "false, fraudulent, deceptive, or misleading", the solicitor violated the Virginia Consumer Protection Act, good for another $500 minimum in damages plus attorneys' fees. The catch for suing under the VCPA is that you have to have suffered a loss in order to have standing to sue (not necessarily a financial loss).

Finally, If the telephone solicitor failed to completely identify himself (e.g., give true first and last names) or his employer; or if the caller identification was blocked; the solicitor has also violated the Virginia Telephone Privacy Act. That's good for another $500 minimum + attorneys' fees.