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FTC RIN: 3084-AB10 Publication ID: Spring 2015 
Title: Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations 
Abstract:

As part of the systematic review of all Commission rules, on April 21, 2009, the Commission initiated its periodic review of the Cooling-Off Rule (or the Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations) by publishing a notice seeking public comments on the effectiveness and impact of the Rule. 74 FR 18170.

 

Last revised in 1995, the Cooling-Off Rule requires that a consumer be given a 3-day right to cancel certain sales greater than $25.00 that occur at a place other than a seller's place of business. The rule also requires a seller to notify buyers orally of the right to cancel, to provide buyers with a dated receipt or copy of the contract containing the name and address of the seller and notice of cancellation rights, and to provide buyers with forms that buyers may use to cancel the contract.

 

The 2009 Federal Register Notice sought comments on, among other things, the economic impact and benefits of this rule; possible conflict between the rule and State, local, or other Federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes. At the request of several organizations, the comment period was reopened and extended to September 25, 2009. 74 FR 36972. On January 17, 2013, the Commission announced that it was retaining the Cooling-Off Rule and proposed increasing its $25 exclusionary limit to $130 to account for inflation. 78 FR 3855. The comment period for the NPRM closed on March 4, 2013.

 

On January 9, 2015, the Commission amended the Cooling-Off Rule by increasing the exclusionary limit for all door-to-door sales at locations other than a buyer’s residence from $25 up to $130. Under the final rule, the revised definition of door-to-door sale distinguishes between sales at a buyer’s residence and those at other locations. The revised definition retains coverage for sales made at a buyer’s residence that have a purchase price of $25 or more. 80 FR 1329 (Jan. 9, 2015). The final rule amendment was effective on March 13, 2015.

 

 
Agency: Federal Trade Commission(FTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 16 CFR 429   
Legal Authority: 15 U.S.C. 41 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  04/21/2009  74 FR 18170   
ANPRM Comment Period End  06/22/2009    
ANPRM Comment Period Extended  07/27/2009  74 FR 36972   
ANPRM Extended Comment Period End  09/25/2009    
NPRM  01/17/2013  78 FR 3855   
NPRM Comment Period End  03/04/2013 
Final Rule  01/09/2015  80 FR 1329   
Final Rule Effective Date  03/13/2015 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 3084-AA53 
Agency Contact:
Sana Coleman Chriss
Attorney
Federal Trade Commission
Suite 1500, 225 Peachtree Street NE.,
Atlanta, GA 30303
Phone:404 656-1364
Email: schriss@ftc.gov