(A)   The merchant, peddler, or seller shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone in which the consideration exceeds $5 until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a solicitation transaction. For purposes of a telephone solicitation, DATE OF TRANSACTION means the day that the consumer receives the goods, services, or realty purchased in a solicitation transaction.
   (B)   If the consumer chooses to cancel the solicitation transaction, notification by mail shall be considered given at the time mailed as evidenced by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the merchant’s designated place of business.
   (C)   It shall be unlawful for a merchant, peddler, or seller to refuse to allow the customer to cancel the solicitation transaction.
   (D)   Cancellations authorized, and the procedure and notice requirements set forth in Tex. Bus. & Comm. Code, Ch. 601, as it may be amended, are applicable to this section, for transactions applicable thereunder. The text of Tex. Bus. & Comm. Code, Ch. 601 is available in the City Secretary’s office, or on-line at Texas Legislature Online.
(Ord. O-12-724, passed 2-6-2012)