§ 6-16-106 — Contributor's right to cancel

(1) In addition to any right otherwise
provided by law with respect to the binding nature of an agreement or pledge to
make a charitable contribution, a contributor shall have the right to cancel his
agreement or pledge to contribute as follows:

(a) With respect to a solicitation in which the paid solicitor knowingly fails to
comply with this article, at any time; or

(b) Until 12 midnight of the third business day, or with respect to a
nonmonetary contribution, until 12 midnight of the first business day after the day
on which the contributor receives a written confirmation of contribution pursuant to
section 6-16-105.

(2) Cancellation occurs when the contributor gives written or oral notice of
the cancellation to the paid solicitor at the address or telephone number stated in
the written confirmation of contribution.

(3) Notice of cancellation, if given by mail, is given at the time it is properly
addressed and deposited in a mail box with proper postage.

(4) A particular form shall not be required for a notice of cancellation, and
such notice shall be sufficient if it indicates the intention of the contributor to
cancel his pledge to contribute.

(5) Within ten days after a notification of cancellation has been received by
the paid solicitor, the paid solicitor shall tender to the contributor any contribution
made and any note or other evidence of indebtedness.

(6) Allowing for ordinary wear and tear or consumption of the goods
contemplated by the transaction, within a reasonable time after an agreement or
pledge to contribute has been canceled, the contributor upon demand must tender
to the paid solicitor any goods or items delivered by the paid solicitor in connection
with the contribution but shall not be under obligation to tender at any other place
than where the goods or items were delivered. If the paid solicitor fails to demand
possession of the goods or items within a reasonable time after cancellation, the
goods or items become the property of the contributor without obligation to
contribute. For purposes of this subsection (6), forty days is presumed to be a
reasonable time.

Legislative History

Source: L. 88: Entire article added, p. 355, � 1, effective July 1. L. 89: Entire section R&RE, p. 365, � 4, effective July 1.