Cooling-Off Rule Regulatory Review #541414-00001

Submission Number:
541414-00001
Commenter:
Steve Fabian
Organization:
Fabian Seafood Company
State:
TX
Initiative Name:
Cooling-Off Rule Regulatory Review

I am one of the owners of Fabian Seafood, a small family business from Galveston, Texas. We hold truckload sales of fresh shrimp and other fresh seafood in eleven states,coming to each city and town roughly every 3-4 weeks from April through November. We have been doing this since 1975, All of our seafood is fresh, never frozen. We sell from fixed locations where we park our trucks, notifying our customers of the date and times through emails and post cards that the customers had previously signed up for. We also advertise in the local newspaper so we get many new customers. We do not take credit cards, nor are there any contracts signed for future delivery. Yet, because most of our sales are over $25 and we are not in a permanent building or place of business, we are considered by your rules to be face-to-face solicitors. According to the present rules, a customer can purchase $100 in fresh seafood, cancel the sale within 3 days for no reason, get a refund from us, and then, since we will not return to the customers city for 3-4 weeks to retrieve the seafood, the customer may just keep the seafood. This does not seem right nor make any sense but it appears to be perfectly legal. I understand that there should be rules for door-to-door sales, but there should be an exemption for our type of business, which does not go door-to-door and deals in perishable food. You already have exemptions for arts and crafts shows. I think that it is fair that perishable food is also exempt especially where there is no signed contract. Steve Fabian Fabian Seafood Galveston, Texas