ABA Family Legal Guide

Contracts and Consumer Law

Special Consumer Protections

Telemarketing

Should I ever buy a product or a service over the phone?

Imagine you're sitting down for dinner after a busy day. Suddenly, the telephone rings. You seriously consider not answering, but you have family and friends who might be trying to contact you. So you pick up the receiver—and your worst fear is realized: It's a telemarketer.

So you listen to the sales pitch and, much to your surprise, you want to buy what he or she is selling. Should you close the deal over the phone?

The simple answer is: absolutely not. You know nothing about this person or the company he or she ostensibly represents other than the fact that the individual has no compunction about disturbing your supper. Request that he or she send you written information about the product or service being sold, as well as a written contract with all terms and warranties for your perusal. Do not trust yourself to understand—or the marketer to explain fully—the terms of the sale, especially when you're tired and hungry. If the marketer is legitimate, he or she can certainly send you the information in writing. After all, he or she is most likely reading from a script.