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Report: #434298

Complaint Review: Kirby Vacuums K And G Distributing - Lake Villa Illinois

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  • Reported By: Ingleside Illinois
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  • Kirby Vacuums K And G Distributing Lake Villa, Illinois U.S.A.

Kirby. Applicable Laws Kirby Vacuums K And G Distributing Laws refering to requirements of Solicitors, Transient Merchants etc Lake Villa Illinois

*Consumer Comment: 3 DAY COOLING OFF PERIOD (Illinois)

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I had the misfortune of interacting with K and G Distributing some months ago.. I was nearly brain washed with their B.S. They swore up and down that I/WE were not going to be selling anything....lol Honestly Nick at K and G Distributing claimed "These people (customers) know your coming,your just setting up the system and showing how it work's" "They have already been in contact with us,seeking vacuums"

They sell this BS to these people needing money,plus promises of trips,prizes and bonuses ect ect.. iT'S ALL HOG WASH
Anyway, I suggest you the homeowner know the laws of your state,city regarding these types of marketing companies..An example for a community in Gurnee IL is below and it reads in part as follows..
Federal Law is the Transient Merchant Law check it out..
Chapter 50
PEDDLERS AND SOLICITORS*

------------

Cross references: Peddling alcoholic beverages, 6-4; businesses, ch. 22; streets, sidewalks and other public places, ch. 66.

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Article II. Solicitation

Division 1. Generally

Sec. 50-31. Purpose.

Sec. 50-32. Definitions.

Sec. 50-33. Village policy on peddling, hawking, and soliciting.

Sec. 50-34. Notice regulating soliciting.

Sec. 50-35. Solicitors to obey notice or to leave when requested.

ARTICLE I.
IN GENERAL

DIVISION 1.
GENERALLY

Sec. 50-31. Purpose.

It is the declared purpose of this article to prevent crime and protect the health and safety of the citizens of the village, to ensure that the village police department is aware of the number and identity of persons who will be soliciting, hawking, or peddling for commercial or charitable purposes and the geographical area and time periods in and during which such activities will occur within the village, and to prevent the imitation of charitable purposes and organizations by unscrupulous individuals who would defraud the public and cause charitable purposes and organizations to be endangered by the suspicion engendered by such practices, and to protect the welfare, safety, peace, comfort, and convenience of the public in their homes and traveling upon the streets, highways and sidewalks within the village.

(Code 1977, 35.01)

Sec. 50-32. Definitions.

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable means and includes the words patriotic, philanthropic, social services, welfare, benevolent, educational, civic or fraternal, either actual or purported.

Charitable solicitation means the request, by a person on sidewalks and at residences within the village, directly or indirectly, of money, credit, property, financial assistance or other things of value on the plea of representation that such money, credit, property, financial assistance or other things of value will be used for a charitable purpose as those purposes are defined in this article. These words shall also mean and include any oral or written request or exchange of literature for money or other things of value, the distribution, circulation, posting or publishing of any handbill, written advertisement or publication, the public making of an announcement concerning an appeal, assemblage, athletic or sporting event, bazaar, benefit, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering to be held within the village, which the public is requested to make contribution for any charitable purpose connected therewith, or the sale of, offer, or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket, or other things in connection with which any appeal is made for any charitable purposes or where the name of any charitable person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable purpose.

Commercial solicitation means the sale of or seeking to obtain orders for the purchase of goods, wares, merchandise, food stuff or services of any kind, character, or description for any kind of consideration whatsoever, the sale of or seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any type of publication, or the gathering of information used to supplement publications, newspapers, books, or periodicals that will be offered for sale.

Contributions means and include the words food, clothing, money, subscriptions, property, alms, or donations under the guise of a loan of money or property.

Hawker means any person who displays or purportedly exhibits his wares and audibly cries to announce their existence for sale.

Itinerant vendor means any person who transports tangible personal property for retail sale within the village who does not maintain in the village an established office, distribution house, sales house, warehouse, service center, or residence from which such business is conducted. However, this definition does not apply to any person who delivers tangible personal property within the village who is fulfilling an order for such property which was solicited or placed by mail or other means.

Peddler means any person who travels about selling small wares which he carries with him.

Person means any individual, firm, co-partnership, corporation, company, association or joint stock association, society, organization or league, and includes trustee, receiver, assignee, agent or other similar representative thereof.

Residence means and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

Transient merchant means any person who is engaged temporarily in the retail sale of goods, wares or merchandise in the village and who, for the purposes of conducting such business, occupies any building, room, vehicle, structure of any kind, or vacant lot. However, this definition does not apply to any person selling goods, wares, or merchandise which are raised, produced or manufactured by him, and to any person selling vegetables, fruit, or perishable farm products at an established village market, and to any person operating a store or refreshment stand at a resort, and to any person operating a stand or booth on or adjacent to property owned by him or upon which he resides, or to any person operating a stand or booth at a state or county fair.

(Code 1977, 35.02)

Cross references: Definitions generally, 1-2.

Sec. 50-33. Village policy on peddling, hawking, and soliciting.

It shall be the policy of the governing body of this village that the occupant or occupants of any residence located within the village shall make a determination of whether solicitors or any person shall be or shall not be invited to their respective residences. Any person or solicitor who is not, pursuant to the provisions contained in this article, invited onto the premises of any residence or who has obtained entrance to such premises and does not leave such premises, upon being so requested by the occupant or occupants of such premises, shall be deemed a trespasser.

(Code 1977, 35.09)

Sec. 50-34. Notice regulating soliciting.

Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this article shall give notice to the determination by the occupant of the refusal of invitation to solicitors to any residence by displaying a card upon or near the main entrance door to the residence, containing such language as "No Solicitors," or "No Solicitors Invited," or such other language as would indicate that solicitors are not to enter or engage in solicitation on the premises.

(Code 1977, 35.10)

Sec. 50-35. Solicitors to obey notice or to leave when requested.

Kirbykicker
Ingleside, Illinois
U.S.A.

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#1 Consumer Comment

3 DAY COOLING OFF PERIOD (Illinois)

AUTHOR: Kirbykicker - (U.S.A.)

POSTED: Thursday, July 23, 2009

3 DAYS.....

Being 72 consecutive hours from purchase. Not 3 business days

Three-Day Cooling Off Law
In response to the fraud so commonly associated with home solicitations, Illinois has passed laws that protect consumers from home solicitation and other fraud including campground memberships. The most important of these protection laws is commonly called the three-day cooling off law. This law covers anyone offering consumer goods or services away from their traditional place of doing business. This includes traditional door-to-door solicitations and other sales made at temporary locations, such as county fairs or in hotel or motel rooms. Phone solicitations and person-to-person solicitations may also be covered. A sales person covered by this law is required to tell the consumer, before saying anything else, his or her name, the name of the company represented, and the product or service he or she is selling. It is against the law to misrepresent one's identity as a salesperson. A salesperson cannot misrepresent the true purpose of the deal or the true identity of the company and cannot misrepresent the true cost of the good or service by failing to mention additional hidden but required costs. The seller is required to provide a copy of any contract the consumer signs and must give notice of the buyer's right to cancel the contract (if for more than $25) within three business days. To cancel the contract, the buyer must give written notice to the seller within three days. Written notice of cancellation is best sent by certified mail with return receipt requested so that the consumer has proof that the cancellation was sent and received. The three-day cooling off law does not apply to real estate, insurance, or securities or commodities by a registered broker-dealer.

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