Do not knock means No!

Another energy provider has been fined for the failure of its door-to-door salespeople to take notice of a sign saying ‘Do Not Knock’.

The Federal Court found recently that AGL South Australia Pty Ltd and its marketing company, CPM Australia Pty Ltd, broke the law when a salesperson attempted to negotiate an agreement despite the presence of a ‘do not knock’ sign on the consumer’s front door.

Last November, the Federal Court ordered Neighbourhood Energy Pty Ltd and Australian Green Credits Pty Ltd to pay a total penalty of $1 million for similar, illegal door-to-door selling practices.

In this case, which occurred in South Australia in November 2011, the sign was affixed to the consumer’s front door and contained an image of a fist knocking with a line through it and the words “DO NOT KNOCK Unsolicited door-to-door selling not welcome here”.

The Australian Consumer Law (ACL) requires salespeople to leave immediately on request of the occupier or consumer with whom they are negotiating. The Court’s decision confirms that consumers can use a sign to request uninvited salespeople to leave their premises and do not need to meet the salesperson face-to-face to ask them to leave.

“Businesses must respect people’s wishes in their homes”, ACCC Commissioner Sarah Court said.

“If households do not want unsolicited sellers at their door, they can convey this clearly through a prominent sign on their property and the Court’s decision means that these signs cannot be ignored.

“This is particularly important for vulnerable consumers, those from non-English speaking backgrounds or anyone who feels uncomfortable asking a person who is already on their doorstep to leave.”

The ACCC’s guide for consumers Knock! Knock! Who's There? provides information about consumer rights in relation to door-to-door marketing. The ACCC has also produced a ‘Do Not Knock’ sticker to help consumers avoid unwanted door-to-door selling.