David James Donald - Court action

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14 January 2016
Court actions

The operator of a Reservoir cleaning business who targeted elderly Victorians with high pressure sales tactics will have to pay thousands in court costs and provide a refund to a consumer.

David James Donald, 72, of Reservoir, has been ordered by the Supreme Court of Victoria to pay $5000 in legal costs and $1750 in refunds and damages to an elderly consumer who contacted Consumer Affairs Victoria about Mr Donald. The consumer was one of many elderly Victorians who contacted Consumer Affairs Victoria about Mr Donald’s high pressure sales tactics and poor workmanship.

Consumer Affairs Victoria’s investigation included the execution of a search warrant at Mr Donald's residence (which was also his business premises) and contacting a number of his previous clients.

Mr Donald is a door-to-door trader offering carpet, curtain and upholstery cleaning services across Victoria. He admitted to breaching the Australian Consumer Law by failing to:

  • inform consumers that he was required to leave their homes immediately upon request
  • tell consumers his name
  • advise consumers of their rights to terminate an agreement and how they could terminate it
  • wait the required 10 days before providing his services
  • give consumers the required paperwork.

The court also imposed a five year injunction against Mr Donald, restraining him from entering into unsolicited consumer agreements (including door to door sales) in consumers’ homes, unless he:

  • informs consumers that he must leave their premises immediately if asked to do so
  • gives consumers his name
  • advises them of their right to end an agreement within the termination period, and how they can end it
  • gives consumers a document clearly setting out their rights to end an agreement
  • honours the statutory 10-day cooling off period.

Door-to-door salespeople must meet their legal obligations. For more information, view our Door-to-door sales page.