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Click link above to listen to KCLL's SideBar podcast episode on the Cooling Off Period.

What is the Cooling Off Period?

Under certain circumstances, you may have the right to cancel a contract, sometimes known as the three-day cooling off period. The right to cancel a contract is governed by both state and federal law. However, there are very specific circumstances when these statutes and regulations apply; they do not apply to all circumstances.

What Laws Govern Cooling Off Periods?

Washington: Laws covering cancellation of a contract in Washington are found in the section of the statutes dealing with that specific type of contract. The web site for the Consumer Protection Division of the Attorney General’s Office lists the various types of contracts and the sections of the Revised Code of Washington (RCW) that discuss cancellation of a contract. http://www.atg.wa.gov/ConsumerIssues/CancellationRights.aspx and RCW 19.105 Camping Resorts

United States: The key statute that covers right to cancel a contract is the Truth In Lending Act (15 U.S.C. § 1635). Depending on the type of contract, regulations concerning cancellation of a contract are found at 12 C.F.R. § 226.15, 12 C.F.R. § 226.23 and 16 C.F.R. pt. 429.

Helpful Information on the Internet

Washington: The Attorney General Office has two sites of interest. The first is Your Cancellation Rights and the second is Camping Clubs.

United States: The Federal Trade Commission has a comprehensive discussion titled The Cooling-Off Rule: When and How to Cancel a Sale. The Consumer Action Website of the Federal Citizen Information Center also discusses your options in Shopping from Home – Cooling Off Rule.

Helpful Books

Methods of Practice, Washington Practice, vol. 1A, KFW 80 .W3 v. 1A. Chapter 46 discusses various aspects of consumer protection issues in Washington state. Section 46.40 covers Cancellation Rights and sections following discuss specific circumstances such as roofing and siding contracts, health studios and camping clubs.

Truth In Lending, KF 1040 .R46 1999. Chapter 6 discusses Truth In Lending rescission rights and § 6.6 deals specifically with the time period for exercising the right to rescind.

Unfair and Deceptive Acts and Practices, KF 1610 .Z95 S54 2001. Chapter 5.8 discusses Door-to-Door, Mail Order, Referral, Unsolicited, and Negative Option Sales, including a discussion of the cooling off period.

Contract Law and Practice, Washington Practice, vol. 25, KFW 80 .W3 v.25. Section 16.3 discusses mutual rescission of an agreement.