Certain aggressive sales methods quickly put the vigilance of individuals, and in particular the elderly, to sleep. In order to protect consumers, the legislator has provided for a specific crime: abuse of weakness. As recalled by the National Institute of Consumer Affairs, it is "constituted each time a person takes advantage of another person's physical or mental weakness, or his ignorance, to make him subscribe to a commitment generally unsuited to his needs" .
Initially created for doorstep selling, this offense was extended in 1992 to all transactions carried out in a context potentially unfavorable to customers (canvassing by telephone, transactions carried out at fairs and exhibitions, those concluded in an emergency situation such as troubleshooting, sales made in unusual places ...).
Evidence to report
Do you think you are the victim of an abuse of weakness? Start by requesting the nullity of the contract entered into and the reimbursement of the sums paid by registered mail with acknowledgment of receipt. In the absence of a satisfactory answer, you can refer the matter to the Joint Direct Selling Mediation Commission and then, if the attempt to reach an amicable agreement has failed, the court.
Please note, it is up to you, or your advocate, to demonstrate that you were unable to assess the scope of your commitments due to various factors such as age, illness, disability, pregnancy, economic distress or a low level of education. In addition, you will have to prove that your weakness could not be ignored by the professional and that the latter therefore deliberately took the opportunity to sell you services unrelated to your needs or at exorbitant prices. In addition to civil litigation, professionals face up to three years in prison and a fine of 375,000 euros if they are prosecuted.
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You have the right to change your mind
Have a direct seller convinced you to buy the latest fashionable product or a new expensive subscription? Above all, do not pay anything for the seven days following the signing of the contract. Conversely, take advantage of the fourteen days of reflection that the law gives you to be sure that you have made the right choice. During this period of time, you can change your mind and retract without any penalty.
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