555A.1 Definitions. As used in this chapter, unless the context otherwise requires:1. 'Business day' means any calendar day except Saturday, Sunday, or public holiday, including holidays observed on Mondays. 2. 'Consumer goods or services' means goods or services purchased, leased, or rented primarily for personal, family, or household purposes, including courses of instruction ortraining regardless of the purpose for which they are taken. 3. a. 'Door-to-door sale' means a sale, lease, or rental of consumer goods or services with a purchase price of twenty-five dollars or more, whether under single or multiple contracts,in which the seller or the seller’s representative personally solicits the sale, including thosein response to or following an invitation by the buyer, and the buyer’s agreement or offer topurchase is made at a place other than the place of business of the seller. Door-to-door saledoes not include a transaction: (1) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited orthe services are offered for sale on a continuing basis. ons in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited orthe services are offered for sale on a continuing basis. (2) In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act, 15 U.S.C. §1635, or rules issued pursuant to this chapter. (3) In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishesthe seller with a separate dated and signed personal statement in the buyer’s handwritingdescribing the situation requiring immediate remedy and expressly acknowledging andwaiving the right to cancel the sale within three business days. (4) Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goodsor performance of the services. (5) In which the buyer has initiated the contact and specifically requested the seller to visit the buyer’s home for the purpose of repairing or performing maintenance upon the buyer’spersonal property. In which the buyer has initiated the contact and specifically requested the seller to visit the buyer’s home for the purpose of repairing or performing maintenance upon the buyer’spersonal property. If in the course of such a visit, the seller sells the buyer the right to receiveadditional services or goods other than replacement parts necessarily used in performing themaintenance or in making the repairs, the sale of those additional goods or services wouldnot fall within this exclusion. (6) Pertaining to the sale or rental of real property, to the sale of insurance and prepaid health service plans, or to the sale of securities or commodities by a broker-dealer registeredwith the securities and exchange commission. b. 'Door-to-door sale', irrespective of the place or manner of sale, also means the following: (1) A sale of funeral services or funeral merchandise regulated under chapter 523A.(2) A sale of a social referral service or an ancillary service. For purposes of this subparagraph, 'social referral service' means a service for a fee providing matching orintroduction of individuals for the purpose of dating, matrimony, or general social contactnot otherwise prohibited by agraph, 'social referral service' means a service for a fee providing matching orintroduction of individuals for the purpose of dating, matrimony, or general social contactnot otherwise prohibited by law, and 'ancillary service' means goods or services directly orindirectly related to or to be provided in connection with a social referral service. 4. 'Place of business' means the main or permanent branch office or local address of a seller. 5. 'Purchase price' means the total price paid or to be paid for the consumer goods or services, including all interest and service charges. 6. 'Seller' means any person engaged in the door-to-door sale of consumer goods or services. [C75, 77, §713B.1; C79, 81, §82.1; 82 Acts, ch 1249, §5]C93, §555A.12000 Acts, ch 1021, §3Referred to in §552A.3 Sat Dec 23 11:04:11 2023 Iowa Code 2024, Section 555A.1 (15, 0)
Iowa Legal Code