N.Y. Personal Property Law § 443: Form of notice; statement of buyer's rights

§ 443. Form of notice; statement of buyer's rights. 1. In a telephone

sale, the seller shall furnish to the buyer, in the same language as

that principally used in the sales presentation, a written notice, which

shall contain in not less than ten-point boldface type, a statement in

substantially the following form:

"You, the buyer, may cancel this transaction without any penalty or

obligation at any time prior to midnight of the third business day after

receipt of this notice. If you cancel, any payments made by you under

the sale will be credited to your charge account within ten business

days following receipt by the seller of your written notice of

cancellation and any security interest arising out of the transaction

will be cancelled.

If you cancel, you must make available to the seller at your

residence, in substantially as good condition as when received, any

goods delivered to you under this contract of sale; or you may, if you

wish, comply with the instruction of the seller regarding the return

shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does

not pick them up within twenty days of the date of your notice of

cancellation, you may retain or dispose of the goods without any further

obligation. If you fail to make the goods available to the seller, or if

you agree to return the goods to the seller and fail to do so, then you

remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a written notice of

cancellation, or send a telegram to (name of seller) at the following

address (address of seller)".

2. Until the seller has informed the buyer of his right to cancel and

has complied with the provisions of this article, the buyer or any other

person obligated for any part of the purchase price may cancel the

telephone sale by notifying the seller in any manner and by any means of

his intention to cancel. The period prescribed by subdivision one of

this section shall begin to run from the time the seller complies with

the provisions of this article.

3. Pursuant to subdivision one of this section, the seller is required

to furnish the buyer with the seller's name, and the name of the person

to whom any notice of cancellation is to be given if different from the

seller's name, the legal name of the company for whom the seller is

soliciting, the seller's street address and the seller's phone number.

The seller is additionally required to furnish the buyer with the date

of the telephone sale and a description of the telephone sale.