A DOOR-to-door salesman who targeted elderly residents in Kangaroo Flat and Kyneton has been ordered to cease trading for five years and pay more than $17,000 in refunds, damages, penalties and costs.
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The order was made against David James Donald, 73, of Reservoir, in the Supreme Court after Consumer Affairs Victoria took the matter to court.
Five victims reported Donald to Consumer Affairs Victoria in late 2015 and early 2016.
In one instance, Donald forced his way into the Kangaroo Flat home of an 89-year-old woman and bullied her into writing a cheque for $600, despite her insistence she could not afford it.
Donald told the woman “you can afford it, you get the pension don’t you? You have some money somewhere don’t you?”
The incident left the woman “frightened and unable to sleep”.
Donald also entered the home of a 74-year-old Kyneton man, who required the use of an oxygen tank, and demanded $500 in cash for carpet cleaning.
In another incident, Donald forced an elderly couple to pay him $450 after he insisted he cleaned their carpet seven years ago, and that it needed to be done again.
Another victim was aged 86.
Consumer Affairs Victoria issued a public warning against Donald in April, and gained an interim cease trading injunction in June.
Donald had breached Australian Consumer Law by failing to give a 10-day cooling off period, not providing his full name and failing to inform consumers that he must leave immediately upon request.
In his judgement, Justice Ross Robson said Donald had “flagrantly failed to observe the laws designed to protect consumers”.
He was ordered to make four refunds to consumers, totaling $1950. A fifth consumer had already received $1750 in refunds and damages.
Donald must pay $1200 to the Kangaroo Flat woman who experienced fear and distress, plus $312 to pay to change her locks.
He was fined $3900 and ordered to pay Consumer Affairs Victoria’s legal costs of $10,000.
The cease trading order was also extended by five years.
Consumer Affairs Victoria director Simon Cohen said it was a pleasing outcome.
“Mr Donald’s aggressive tactics left vulnerable consumers in distress and often significantly out of pocket,” he said.
“Strict laws apply to door-to-door sales to ensure consumers are not forced to make costly decisions on the spot.”