§ 7-31. Consumers right to cancel.

(a)

The merchant, peddler, or seller shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone in which the consideration exceeds five dollars ($5.00), until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a solicitation transaction. For purposes of a telephone solicitation, date of transaction means the day that the consumer receives the goods, services, or realty purchased in a solicitation transaction.

(b)

If the consumer chooses to cancel the solicitation transaction, notification by mail shall be considered given at the time mailed as evidenced by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the merchant's designated place of business.

(c)

It shall be unlawful for a merchant, peddler, or seller to refuse to allow the customer to cancel the solicitation transaction.

(d)

Cancellations authorized, and the procedure and notice requirements set forth in Chapter 39 of the Texas Business and Commerce Code, as it may be amended, are applicable to this section, for transactions applicable thereunder.

(Ord. No. 03-07-09, § 2, 8-11-03)