Court confirms salespeople must not ignore 'do not knock' signs
The Australian Federal Court has found that AGL South Australia Pty Ltd and its marketing company, CPM Australia Pty Ltd, broke the law when a salesperson attempted to negotiate an agreement despite the presence of a ‘do not knock’ sign on the consumer’s front door.
The law is 'designed to protect consumers'
The homeowner, in South Australia, had erected a sign on the front door containing an image of a fist knocking with a line through it and the words “DO NOT KNOCK Unsolicited door-to-door selling not welcome here”.
The Court’s decision confirms that consumers can use a sign to request uninvited salespeople to leave their premises and do not need to meet the salesperson face-to-face to ask them to leave.
Australian Consumer Law requires salespeople to leave immediately on request of the occupier or consumer with whom they are negotiating.
“Businesses must respect people’s wishes in their homes,” ACCC Commissioner Sarah Court said.
“If households do not want unsolicited sellers at their door, they can convey this clearly through a prominent sign on their property and the Court’s decision means that these signs cannot be ignored.
“This is particularly important for vulnerable consumers, those from non-English speaking backgrounds or anyone who feels uncomfortable asking a person who is already on their doorstep to leave.”
In the judgment, Justice Middleton emphasised the purpose of the provision and commented that “the provision is directed at unsolicited visits by salespersons to consumers in their homes and is designed to protect consumers due to the inherent vulnerability of the relationship”.
He added that in door-to-door selling “consumers do not have the option of walking away from the sales situation and may feel threatened to agree to an offer simply to put that situation to an end”.
%20">Go away