The definition, read against a seminar room
Section 69 of the Australian Consumer Law sets four conditions, and an agreement is unsolicited only when all four are met (the regulations can add or exclude some kinds of agreement). Here is the text, with the question each part raises after a seminar.
Australian Consumer Law, section 69(1): “An agreement is an unsolicited consumer agreement if:”
(a)“it is for the supply, in trade or commerce, of goods or services to a consumer; and”
AskWas this a course, a membership or coaching, or was it a financial product?
(b)“it is made as a result of negotiations between a dealer and the consumer: (i) in each other’s presence at a place other than the business or trade premises of the supplier of the goods or services; or (ii) by telephone; whether or not they are the only negotiations that precede the making of the agreement; and”
AskWhere did the negotiating happen: the supplier’s own premises, a hired room, my home, or a phone call afterwards?
(c)“the consumer did not invite the dealer to come to that place, or to make a telephone call, for the purposes of entering into negotiations relating to the supply of those goods or services (whether or not the consumer made such an invitation in relation to a different supply); and”
AskDid I go to learn, or did I ask to negotiate this purchase?
(d)the total price “is not ascertainable at the time the agreement is made”, or, if it is, it “is more than $100 or such other amount prescribed by the regulations”.
AskWas the full price known when I agreed, and was it over $100?
Two more parts of section 69 matter after a free event. The place in (b)(i) “may be a public place”. And a consumer is not taken to have invited the dealer merely because they gave their name or contact details “other than for the predominant purpose of entering into negotiations” about that supply, or because they returned a dealer’s unsuccessful attempt to contact them.
AskWhen I registered for the free session, what did I give my details for?
Whether a sale made at or after a particular seminar meets all four conditions turns on its facts. The ACCC says the state and territory consumer protection agencies can give information about your rights and options, and may be able to help negotiate with a business; it lists each agency on its consumer help page.
If it is unsolicited
The ACCC explains that a consumer can cancel an unsolicited agreement for any reason, without charge, within 10 business days, counted from the first business day after signing or receiving the agreement. During that period the seller may not supply services or take payment, apart from electricity, gas or emergency repairs, and the period runs longer if the salesperson breaks certain rules. Its page on telemarketing and door-to-door sales sets out the written agreement, the cancellation steps and the longer periods.
When something is bought from a store or website, the ACCC says there is no automatic cooling-off right.
Financial products sold uninvited
Financial products follow a different rule. The ACCC says it is generally against the law for a salesperson to sell financial advice or products (insurance, for example) at someone’s door or over the phone, unless that person invites the contact, and that this conduct can be reported to ASIC.
AskDid someone call me about my super or an investment without my asking?
Moneysmart’s warning signs for a seminar
Moneysmart says some seminars focus more on selling than on balanced information, and lists seminars to watch out for. In its order, in our words, they are seminars that:
- dwell on the benefits and leave the risks out
- say little about qualifications or licences
- centre on one investment product, deal or course
- are vague about costs, fees or commissions
- push for a fast decision or a sign-up on the spot
- leave little time to read the material or get a second opinion.
On property in particular, Moneysmart says some seminars promote deals with rent guarantees or off-the-plan discounts that often carry hidden fees and commissions, and that you may be asked to pay too much for the property. It adds that a first event offered free can be followed by pressure to buy reports and books and to sign up for dearer seminars or courses. Its own rule of thumb: “Never make decisions about money or investments on the spot.”
AskWhat will the next course cost, and what is it for?
Pressure the law does not allow
The ACCC puts it plainly: “It’s against the law for a business to use physical force, coercion or undue harassment against consumers.” It describes undue harassment as unnecessary or excessive contact, to the point where a person feels intimidated, tired or demoralised, and says it can include persistent unwanted calls and over-the-top sales methods.
The ACCC also published a review of unsolicited selling and lead generation in July 2026, looking at how the practices are used and whether the law protects consumers well enough, particularly people experiencing vulnerability.
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