Can I get a refund for a purchase made through telephone solicitation if I cancel before 3 days?

I live in Canada and signed an agreement with an on-line company in AZ. The amount paid is non-refundable. However, I read in A.R.S. § 44-1276(C) that “F. A provision of a contract, offer or agreement that waives a consumer’s right of cancellation under this section is void and has no effect”. I cancelled within 2 days. Does this law (1) apply to a non-US citizen, and (2) to this particular situation? If so, what can I do to get the refund?

Asked on July 22, 2010 under General Practice, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

According to the statute you provided, it appears you are entitled to a refund since you availed yourself of the commerce of Arizona.  I assume the contract paperwork states Arizona law applies.  What you can do is two fold, contact your credit card company and file claim.  It will at least temporarily credit your account.  Next up is filing a complaint through the Arizona Attorney General and Federal Trade Commission.  Your last resort is to sue the company but I feel the other approaches might be your best success. 


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