Florida Regulations 2-18.002: Disclosure and Cancellation
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(1) As used herein, a “”contract for future consumer services”” is any contract which includes a provision for consumer services to be rendered in the future on a continuing basis.
(2) It shall be an unfair or deceptive act or practice for the seller of future consumer services to fail to furnish the buyer with a fully completed copy of any contract pertaining to such sale at the time of its execution, and which shows the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used, and in bold-face type of a size of 10 points the following statements:
Consumer’s Right Of Cancellation
You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller.
You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (Name of Seller), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained.
Nothing required in this disclosure shall prohibit the use of a notice, in lieu of the above notice, which advises the consumer of a broader right of cancellation.
(3) The contract forms or promissory notes used by the seller of the future consumer services shall also disclose the following warning to potential assignees in capital letters in 10 point bold-face type:
This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Fl. Admin. Code Chapter 2-18
(4) It shall be an unfair or deceptive act or practice for a seller of future consumer services or his assignees to fail or refuse to honor a buyer’s request to cancel a contract, which request is made in accordance with the cancellation disclosure contained in the contract for future consumer services.
(5) It shall be an unfair or deceptive act or practice for a seller of future consumer services to fail to issue a refund within 20 days after receipt of notice of cancellation made in accordance with the terms of the cancellation disclosure contained in the contract for future consumer services.
Rulemaking Authority 501.205 FS. Law Implemented Florida Statutes § 501.204. History-New 2-1-74, Formerly 2-18.02, Amended 6-19-96.
Terms Used In Florida Regulations 2-18.002
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Consumer’s Right Of Cancellation
You may cancel this contract without any penalty or obligation within 3 business days from the above date, and receive a full refund of all payments made to the seller.
You may also cancel this contract if upon a doctor’s order you cannot physically receive the services, or you may cancel the contract if the services cease to be offered as stated in the contract. If you cancel the contract for either of these reasons, the seller, (Name of Seller), may keep only a portion of the contract price equal to a pro rata portion of the total price representing the proportion of services you used or completed, plus the cost to the seller of any related goods which you have consumed or retained.
Nothing required in this disclosure shall prohibit the use of a notice, in lieu of the above notice, which advises the consumer of a broader right of cancellation.
(3) The contract forms or promissory notes used by the seller of the future consumer services shall also disclose the following warning to potential assignees in capital letters in 10 point bold-face type:
This contract or note is the future consumer services and puts all assignees on notice of the consumer’s right to cancel under Fl. Admin. Code Chapter 2-18
(4) It shall be an unfair or deceptive act or practice for a seller of future consumer services or his assignees to fail or refuse to honor a buyer’s request to cancel a contract, which request is made in accordance with the cancellation disclosure contained in the contract for future consumer services.
(5) It shall be an unfair or deceptive act or practice for a seller of future consumer services to fail to issue a refund within 20 days after receipt of notice of cancellation made in accordance with the terms of the cancellation disclosure contained in the contract for future consumer services.
Rulemaking Authority 501.205 FS. Law Implemented Florida Statutes § 501.204. History-New 2-1-74, Formerly 2-18.02, Amended 6-19-96.