[WA] Can a dealership require an in-person visit to cancel a vehicle service contract that allows written cancellation?

WA Consumer Protection

Craig

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Based on your situation, there are several legal arguments and consumer protection laws in Washington State that could potentially support your case:

Contractual Rights: Your agreement explicitly states that you can cancel the plan by providing written notice. This means that the dealership's request for you to come in person may not align with the terms you've agreed to.
Consumer Protection Laws: Washington State has consumer protection laws that safeguard consumers against unfair or deceptive business practices, under the Washington Consumer Protection Act (WA Rev Code § 19.86.020). If the dealership is imposing additional requirements not stated in the contract, it could be seen as a violation of these laws.
Right to Refund: The agreement mentions a full refund if canceled within 30 days. This is a contractual right that should be honored unless there are specific conditions outlined in the agreement that you're not meeting.

Vehicle service contracts and protection plans like the ones you purchased are also directly regulated in Washington under the state's Service Contracts Act, which sets out cancellation and refund requirements for these products (RCW 48.110.070). This provides additional grounding for your position that written notice, rather than an in-person visit, should be sufficient to cancel.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Cancellation Policy

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Was trying to cancel a pre-paid maintenance plan and a protection plan for my new car I bought 10 days ago. The agreement notes that I can cancel via written notice to the dealership. I sent them an email asking for them to cancel, in addition to other information outlined in each agreement. The dealership responded that I needed to come in person and "resign my purchase documents." This seemed strange to me, as the agreement seems to suggest written notice is enough (which I did through email). I wanted to see if this was a legitimate request or if I am safe to push back and refuse coming in person.

Lexi, Chatbot

I understand how frustrating it can be to deal with cancellation requests, especially when the process seems unclear. Have you received any written confirmation from the dealership regarding their cancellation policy?

I sent the financial manager I worked with at the dealership an email. He replied, "You'll have to come into the dealership and resign your purchase documents if you wish to cancel, as we are 10 days from the purchase date."

Lexi, Chatbot

Did the dealership provide any specific reasons for requiring you to come in person to resign your purchase documents?

Nope. That was the only thing in the reply I got to my request to cancel the two agreements.

Lexi, Chatbot

Is there anything else the Consumer Protection Lawyer should know before I connect you? Rest assured they'll be able to help with your cancellation request.

Don't think so. For context, if applicable, this is in Washington State.

Craig

Hey there! I'm Craig, an attorney with many years of experience. I understand you're trying to cancel a pre-paid maintenance plan and a protection plan for your new car, but the dealership is asking you to come in person to resign documents, even though the agreement suggests written notice is enough. Have you considered any legal steps or tried reaching out to consumer protection services?

I haven't considered doing either of those yet.

Craig

Thanks for letting me know. Let's get a bit more information to help you out. First, could you tell me if the cancellation policy in your agreement mentions any specific time limits or conditions for canceling the plans?

Nope. "9. CANCELLATION A. Cancellation by You. You may cancel this Agreement for any reason at any time during the term of the Agreement. To cancel this Agreement, You must provide the plan administrator or the Dealer with written notice of Your request to cancel. [...]"

Craig

Got it, thanks for sharing that part of the agreement. It seems like written notice should be enough. Did the dealership provide any written documentation or policy that contradicts this part of your agreement?

No. I sent them an email requesting to cancel these two specific plans. They responded with, "You'll have to come into the dealership and resign your purchase documents if you wish to cancel, as we are 10 days from the purchase date." I didn't see anything in the agreement about why "10 days" matters.

Craig

Thanks for clarifying that. It seems like the dealership's request doesn't align with your agreement. Are there any penalties or fees mentioned in the agreement if you cancel the plans?

The agreement notes a full refund if cancelled within 30 days. I've mainly been annoyed since it seems like I'm getting a lot of friction and delays so far.

If cancelled after 30 days, there's a relatively small fee and it becomes a pro-rata refund.

Craig

Based on your situation, there are several legal arguments and consumer protection laws in Washington State that could potentially support your case:

Contractual Rights: Your agreement explicitly states that you can cancel the plan by providing written notice. This means that the dealership's request for you to come in person may not align with the terms you've agreed to.
Consumer Protection Laws: Washington State has consumer protection laws that safeguard consumers against unfair or deceptive business practices, under the Washington Consumer Protection Act (WA Rev Code § 19.86.020). If the dealership is imposing additional requirements not stated in the contract, it could be seen as a violation of these laws.
Right to Refund: The agreement mentions a full refund if canceled within 30 days. This is a contractual right that should be honored unless there are specific conditions outlined in the agreement that you're not meeting.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Thanks for sanity checking me on that. I have been wanting to avoid going in person because I felt like how they've verbally pitched the plans was deceptive, and they talked me out of cancelling the last time I physically went in (I went to do more research and validation on their claims of coverage). I'd be down to hear any guidance that you would recommend.

Craig

Here's what you can do next:

Reiterate Your Rights
- Send another email to the dealership, clearly stating your right to cancel as per the agreement. Attach a copy of the relevant section of the agreement that mentions cancellation by written notice.
- Politely but firmly remind them of the 30 day full refund policy and that you are within this period.
Seek Assistance from Consumer Protection Agencies
- If the dealership continues to resist, consider reaching out to consumer protection agencies in Washington State. They can offer guidance and may intervene on your behalf.
- The Washington State Attorney General's Office is a good place to start. They handle consumer complaints and can provide additional support.
Consider Legal Action
- If all else fails, consulting with a local attorney who specializes in consumer rights might be necessary. They can help you understand your legal options and potentially draft a formal letter to the dealership.
- Legal action should be a last resort, but knowing your rights and having professional backing can often resolve the issue without going to court.

Please let me know if you have further questions.

Awesome. Thanks for the guidance. I have no further questions at the moment.

Craig

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Craig

5,450 satisfied customers

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