[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR429.0]

[Page 418-419]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 429--RULE CONCERNING COOLING-OFF PERIOD FOR SALES MADE AT HOMES OR AT CERTAIN OTHER LOCATIONS--Table of Contents
 
Sec. 429.0  Definitions.

    For the purposes of this part the following definitions shall apply:
    (a) Door-to-Door Sale--A sale, lease, or rental of consumer goods or 
services with a purchase price of $25 or more, whether under single or 
multiple contracts, in which the seller or his representative personally 
solicits the sale, including those in response to or following an 
invitation by the buyer, and the buyer's agreement or offer to purchase 
is made at a place other than the place of business of the seller (e.g., 
sales at the buyer's residence or at facilities rented on a temporary or 
short-term basis, such as hotel or motel rooms, convention centers, 
fairgrounds and restaurants, or sales at the buyer's workplace or in 
dormitory lounges). The term door-to-door sale does not include a 
transaction:
    (1) Made pursuant to prior negotiations in the course of a visit by 
the buyer to a retail business establishment having a fixed permanent 
location where the goods are exhibited or the services are offered for 
sale on a continuing basis; or
    (2) In which the consumer is accorded the right of rescission by the 
provisions of the Consumer Credit Protection Act (15 U.S.C. 1635) or 
regulations issued pursuant thereto; or
    (3) In which the buyer has initiated the contact and the goods or 
services are needed to meet a bona fide immediate personal emergency of 
the buyer, and the buyer furnishes the seller with a separate dated and 
signed personal statement in the buyer's handwriting describing the 
situation requiring immediate remedy and expressly acknowledging and 
waiving the right to cancel the sale within 3 business days; or
    (4) Conducted and consummated entirely by mail or telephone; and 
without any other contact between the buyer and the seller or its 
representative prior to delivery of the goods or performance of the 
services; or
    (5) In which the buyer has initiated the contact and specifically 
requested the seller to visit the buyer's home for the purpose of 
repairing or performing maintenance upon the buyer's personal property. 
If, in the course of such a visit, the seller sells the buyer the

[[Page 419]]

right to receive additional services or goods other than replacement 
parts necessarily used in performing the maintenance or in making the 
repairs, the sale of those additional goods or services would not fall 
within this exclusion; or
    (6) Pertaining to the sale or rental of real property, to the sale 
of insurance, or to the sale of securities or commodities by a broker-
dealer registered with the Securities and Exchange Commission.
    (b) Consumer Goods or Services--Goods or services purchased, leased, 
or rented primarily for personal, family, or household purposes, 
including courses of instruction or training regardless of the purpose 
for which they are taken.
    (c) Seller--Any person, partnership, corporation, or association 
engaged in the door-to-door sale of consumer goods or services.
    (d) Place of Business--The main or permanent branch office or local 
address of a seller.
    (e) Purchase Price--The total price paid or to be paid for the 
consumer goods or services, including all interest and service charges.
    (f) Business Day--Any calendar day except Sunday or any federal 
holiday (e.g., New Year's Day, Presidents' Day, Martin Luther King's 
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, 
Veterans' Day, Thanksgiving Day, and Christmas Day.)

[60 FR 54186, Oct. 20, 1995]