(a)A consumer who has entered into a written contract
with a contractor to provide exterior storm damage repair goods
and services has the right to cancel the contract within three
(3)business days of the date on which the contract was entered
into or, if the services are to be paid directly by or on behalf
of the consumer from the proceeds of a property or casualty
insurance policy, within three (3) business days after the
consumer has received notice in writing from the insurer that
the claim has been denied, in whole or in part, whichever is
later. Cancellation is evidenced by the consumer giving written
notice of cancellation to the contractor at the address stated
in the contract. Notice of cancellation may be in electronic
form, effective the date of the electronic transmission or,
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(a) A consumer who has entered into a written contract
with a contractor to provide exterior storm damage repair goods
and services has the right to cancel the contract within three
(3) business days of the date on which the contract was entered
into or, if the services are to be paid directly by or on behalf
of the consumer from the proceeds of a property or casualty
insurance policy, within three (3) business days after the
consumer has received notice in writing from the insurer that
the claim has been denied, in whole or in part, whichever is
later. Cancellation is evidenced by the consumer giving written
notice of cancellation to the contractor at the address stated
in the contract. Notice of cancellation may be in electronic
form, effective the date of the electronic transmission or, if
given by mail, is effective upon postmark, properly addressed to
the contractor and postage prepaid. Written notice also may be
given to the contractor by personal delivery. Notice of
cancellation need not take a particular form and is sufficient
if it indicates, by any form of written expression, the
intention of the consumer not to be bound by the contract.
(b) The consumer may waive the three (3) day cancellation
period if the insurer has provided written notice that the claim
has been approved. The waiver shall be in writing, signed by the
consumer and accompanied by a copy of the insurer's notice of
approval.
(c) Before entering a contract referred to in subsection
(a) of this section, the contractor shall:
(i) Furnish the consumer with a statement in boldface
type of a minimum size of twelve (12) points, in substantially
the following form: "You may cancel this contract at any time
within three (3) business days of the date on which the contract
was entered into or within three (3) business days after you
have been notified that your insurer has, in whole or in part,
denied your claim to pay for the goods and services to be
provided under this contract, whichever is later. See attached
notice of cancellation form for an explanation of this right.
You may waive this right if your insurer has provided written
notice that your claim has been approved. The waiver must be in
writing, signed by you and accompanied by a copy of the
insurer's notice of approval."; and
(ii) Furnish each consumer a fully completed form
captioned, "NOTICE OF CANCELLATION," which shall be attached to
or accompany the contract and which shall contain in boldface
type of a minimum size of twelve (12) points the following
information and statements:
"NOTICE OF CANCELLATION
You may cancel this contract within three (3) business days from
when it is entered into for any reason or, if your insurer in
whole or in part denies your claim to pay for goods and services
to be provided under this contract, you may cancel the contract
by mailing or delivering (including via electronic transmission)
a signed and dated copy of this cancellation notice or any other
written notice-to (name of contractor) at (address of
contractor's place of business, e-mail address and facsimile
number if applicable) at any time within three (3) business days
of the date on which the contract was entered into or within
three (3) business days after you have been notified that your
claim has been denied in whole or in part, whichever is later.
Notice of cancelation, if in electronic form, is effective the
date of the electronic transmission or, if given by mail, is
effective upon postmark, properly addressed to the contractor
and postage prepaid. If you cancel, any payments made by you
under the contract will be returned within three (3) business
days following receipt by the contractor of your cancellation
notice.
I HEREBY CANCEL THIS TRANSACTION.
......
(date)
.....
(Consumer's signature)"
(d) Within three (3) days after a contract referred to in
subsection (a) of this section has been cancelled, the
contractor shall tender to the consumer any payments made by the
consumer and any note or other evidence of indebtedness. If the
contractor has performed any emergency repair, the contractor is
entitled to separately bill the consumer for such services if
the consumer has received a detailed description and itemization
of charges for those services.