State Codes and Statutes

Statutes > North-carolina > Chapter_66 > GS_66-260

Article33.

Telephonic SellerRegistration and Bond Requirement.

§ 66‑260.  Definitions.

As used in this Article,unless the context requires otherwise:

(1)        "Gift orprize" means any premium, bonus, award, or any other thing of value.

(2)        "Item"means any good or any service. "Item" includes coupon books,vouchers, or certificates that are to be used with businesses other than theseller's business.

(3)        "Owner"means a person who owns or controls ten percent (10%) or more of the equity of,or otherwise has a claim to ten percent (10%) or more of the net income of, atelephonic seller.

(4)        "Person"includes any individual, firm, association, corporation, partnership, jointventure, or any other business entity.

(5)        "Principal"means an owner, an executive officer of a corporation, a general partner of apartnership, a sole proprietor of a sole proprietorship, a trustee of a trust,or any other individual with similar supervisory functions with respect to anyperson.

(6)        "Purchaser"or "prospective purchaser" means a person who is solicited to becomeobligated to a telephonic seller or to make any donation or gift to any personrepresented by the telephonic seller.

(7)        "Roomoperator" means any principal, employee, or agent responsible for theoperational management and supervision of facilities from which telephonicsales calls are made or received.

(8)        "Salesperson"means any individual employed, appointed, or authorized by a telephonic seller,whether referred to by the telephonic seller as an agency, representative, orindependent contractor, who attempts to solicit or solicits a sale on behalf ofthe telephonic seller.

(9)        "Secretary"means the Office of the Secretary of State.

(10)      "Telephonesolicitation" or "attempted telephone solicitation" means anytelephonic communication designed to persuade any person to purchase goods orservices, to enter a contest, or to contribute to a charity or a personrepresented to be a charity, regardless of whether the telephone callinitiating the solicitation is placed by the (i) telephonic seller or (ii) aperson responding to any unsolicited notice or notices sent or provided by oron behalf of the seller, which notice or notices represent to the recipientthat he or she has won a gift or prize, that the recipient may obtain orqualify for credit by contacting the seller, or that the seller has buyersinterested in purchasing the recipient's property.

(11)      "Telephonicseller" or "seller" means a person who, directly or throughsalespersons, causes a telephone solicitation or attempted telephonesolicitation to occur. "Telephonic seller" and "seller" donot include any of the following:

a.         A securities"dealer" within the meaning of G.S. 78A‑2(2) or a personexcluded from the definition of "dealer" by that provision: a"salesman" within the meaning of G.S. 78A‑2(9); an"investment adviser" within the meaning of G.S. 78C‑2(1) or aperson excluded from the definition of "investment adviser" by thatprovision; or an "investment adviser representative" within themeaning of G.S. 78C‑2(3); provided that such persons shall be excludedfrom the terms "telephonic seller" and "seller" only withrespect to activities regulated by Chapters 78A and 78C.

b.         Any personconducting sales or solicitations on behalf of a licensee of the FederalCommunications Commission or holder of a franchise or certificate of publicconvenience and necessity from the North Carolina Utilities Commission.

c.         Any insurance agentor broker who is properly licensed by the Department of Insurance and who issoliciting within the scope of the agent's or broker's license or any employeeor independent contractor of an insurance company licensed by the Department ofInsurance conducting sales or solicitations on behalf of that company.

d.         Any federallychartered bank, savings institution, or credit union or any bank, savingsinstitution, or credit union properly licensed by the State or subject tofederal regulating authorities.

e.         Any organizationthat is exempt under section 501(c)(3) of the Internal Revenue Code of 1986 orany successor section, or that is organized exclusively for one or more of thepurposes specified in section 501(c)(3) of the Internal Revenue Code of 1986 orany successor section and that upon dissolution shall distribute its assets toan entity that is exempt under section 501(c)(3) of the Internal Revenue Codeof 1986 or any successor section, the United States, or a state; any"charitable solicitor" properly licensed under Article 2 of Chapter131F of the General Statutes, or any person exempt from Chapter 131F of theGeneral Statutes under G.S. 131F‑3.

f.          A person whoperiodically issues and delivers catalogs to potential purchasers and thecatalog:

1.         Includes a writtendescription or illustration and the sales price of each item offered for sale;

2.         Includes at least 24full pages of written material or illustrations;

3.         Is distributed inmore than one state; and

4.         Has an annualcirculation of not less than 250,000 customers.

g.         A person engaging ina commercial telephone solicitation where the solicitation is an isolatedtransaction and not done in the course of a pattern of repeated transactions ofa like nature.

h.         A person primarilysoliciting the sale of a newspaper of general circulation, a publisher of amagazine or other periodical of general circulation, or an agent of such apublisher acting pursuant to a written agency agreement.

i.          A person solicitingthe sale of services provided by a cable television system operating under theauthority of a local franchise.

j.          Any passenger airlinelicensed by the Federal Aviation Administration.

k.         Any person holding areal estate broker's or sales agent's license under Chapter 93A of the GeneralStatutes and who is soliciting within the scope of the broker's or agent'slicense.

l.          Any person solicitinga transaction regulated by the Commodities Futures Trading Commission, providedthe person is registered or temporarily licensed by the Commodities FuturesTrading Commission under the Commodity Exchange Act, 7 U.S.C. § 1, et seq.

m.        Any person solicitinga purchase from a business, provided the person soliciting makes reasonableefforts to ensure that the person solicited has actual authority to bind thebusiness to a purchase agreement.

n.         A foreigncorporation, limited liability company, or limited partnership that hasobtained and maintained a certificate of authority to transact business orconduct affairs in this State pursuant to Chapter 55, 55A, or 57C or Article 5of Chapter 59 of the General Statutes and that only transacts business or conductsaffairs in this State using the name set forth in the certificate of authority.

o.         An issuer or asubsidiary of an issuer that has a class of securities which is subject tosection 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 781) and which iseither registered or exempt from registration under paragraph (A), paragraph(B), paragraph (C), paragraph (E), paragraph (F), paragraph (G), or paragraph(H) of subsection (g)(2) of that section.

p.         A person solicitingthe sale of food, seeds, or plants when a sale does not involve an amount inexcess of one hundred dollars ($100.00) directed to a single address.

q.         A person soliciting:

1.         Without intent tocomplete or obtain provisional acceptance of a sale during the telephonesolicitation;

2.         Who does not makethe major sales presentation during the telephone solicitation but arranges forthe major sales presentation to be made at a later face‑to‑facemeeting between the salesperson and the purchaser;

3.         Who does not causean individual to go to the prospective purchaser to collect payment for thepurchase or to deliver any item purchased directly following the telephonesolicitation; or

4.         Who offers to sendthe purchaser descriptive literature and does not require payment prior to thepurchaser's review of the descriptive literature.

r.          A person solicitingthe purchase of contracts for the maintenance or repair of items previouslypurchased from the person making the solicitation or on whose behalf thesolicitation is made.

s.          A book, video,recording, or multimedia club or contractual plan or arrangement:

1.         Under which theseller provides the consumer with a form with which the consumer can instructthe seller not to ship the offered merchandise.

2.         Which is regulatedby the Federal Trade Commission trade regulation concerning "use ofnegative option plans by sellers in commerce".

3.         Which provides forthe sale of books, recordings, multimedia products or goods, or videos whichare not covered under paragraphs 1. or 2. of this sub‑subdivision,including continuity plans, subscription arrangements, standing orderarrangements, supplements, and series arrangements under which the sellerperiodically ships merchandise to a consumer who has consented in advance toreceive such merchandise on a periodic basis.

t.          A person who for atleast two years has been operating under the same name as that used inconnection with its telemarketing operations and retail establishment in NorthCarolina where consumer goods are displayed and offered for sale on a continuingbasis if a majority of the person's business involves the buyers obtainingservices or products at the person's retail establishment.

u.         A person:

1.         Who providestelephone solicitation services under contract to sellers;

2.         Who has beenoperating continuously for at least three years under the same business name;and

3.         For whom at leastseventy‑five percent (75%) of the person's contracts are performed onbehalf of other persons exempt under this section.

v.         A person solicitingpolitical contributions in accordance with Article 22A of Chapter 163 of theGeneral Statutes.

w.        The seller of a"business opportunity" as defined in G.S. 66‑94, while engagedin activities subject to regulation under Article 19 of Chapter 66 of theGeneral Statutes, provided that such seller has complied with the provisions ofG.S. 66‑97.

x.         A "loanbroker" as defined in G.S. 66‑106, while engaged in activitiessubject to regulation under Article 20 of Chapter 66 of the General Statutes,provided that such loan broker has complied with the provisions of G.S. 66‑109.

y.         A "membershipcamping operator" as defined in G.S. 66‑232(10) or a"salesperson" as defined in G.S. 66‑232(16), while engaged inactivities subject to regulation under Article 31 of Chapter 66 of the GeneralStatutes, provided that such persons have complied with the provisions of G.S.66‑234 and 66‑237, as applicable. (1997‑482, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_66 > GS_66-260

Article33.

Telephonic SellerRegistration and Bond Requirement.

§ 66‑260.  Definitions.

As used in this Article,unless the context requires otherwise:

(1)        "Gift orprize" means any premium, bonus, award, or any other thing of value.

(2)        "Item"means any good or any service. "Item" includes coupon books,vouchers, or certificates that are to be used with businesses other than theseller's business.

(3)        "Owner"means a person who owns or controls ten percent (10%) or more of the equity of,or otherwise has a claim to ten percent (10%) or more of the net income of, atelephonic seller.

(4)        "Person"includes any individual, firm, association, corporation, partnership, jointventure, or any other business entity.

(5)        "Principal"means an owner, an executive officer of a corporation, a general partner of apartnership, a sole proprietor of a sole proprietorship, a trustee of a trust,or any other individual with similar supervisory functions with respect to anyperson.

(6)        "Purchaser"or "prospective purchaser" means a person who is solicited to becomeobligated to a telephonic seller or to make any donation or gift to any personrepresented by the telephonic seller.

(7)        "Roomoperator" means any principal, employee, or agent responsible for theoperational management and supervision of facilities from which telephonicsales calls are made or received.

(8)        "Salesperson"means any individual employed, appointed, or authorized by a telephonic seller,whether referred to by the telephonic seller as an agency, representative, orindependent contractor, who attempts to solicit or solicits a sale on behalf ofthe telephonic seller.

(9)        "Secretary"means the Office of the Secretary of State.

(10)      "Telephonesolicitation" or "attempted telephone solicitation" means anytelephonic communication designed to persuade any person to purchase goods orservices, to enter a contest, or to contribute to a charity or a personrepresented to be a charity, regardless of whether the telephone callinitiating the solicitation is placed by the (i) telephonic seller or (ii) aperson responding to any unsolicited notice or notices sent or provided by oron behalf of the seller, which notice or notices represent to the recipientthat he or she has won a gift or prize, that the recipient may obtain orqualify for credit by contacting the seller, or that the seller has buyersinterested in purchasing the recipient's property.

(11)      "Telephonicseller" or "seller" means a person who, directly or throughsalespersons, causes a telephone solicitation or attempted telephonesolicitation to occur. "Telephonic seller" and "seller" donot include any of the following:

a.         A securities"dealer" within the meaning of G.S. 78A‑2(2) or a personexcluded from the definition of "dealer" by that provision: a"salesman" within the meaning of G.S. 78A‑2(9); an"investment adviser" within the meaning of G.S. 78C‑2(1) or aperson excluded from the definition of "investment adviser" by thatprovision; or an "investment adviser representative" within themeaning of G.S. 78C‑2(3); provided that such persons shall be excludedfrom the terms "telephonic seller" and "seller" only withrespect to activities regulated by Chapters 78A and 78C.

b.         Any personconducting sales or solicitations on behalf of a licensee of the FederalCommunications Commission or holder of a franchise or certificate of publicconvenience and necessity from the North Carolina Utilities Commission.

c.         Any insurance agentor broker who is properly licensed by the Department of Insurance and who issoliciting within the scope of the agent's or broker's license or any employeeor independent contractor of an insurance company licensed by the Department ofInsurance conducting sales or solicitations on behalf of that company.

d.         Any federallychartered bank, savings institution, or credit union or any bank, savingsinstitution, or credit union properly licensed by the State or subject tofederal regulating authorities.

e.         Any organizationthat is exempt under section 501(c)(3) of the Internal Revenue Code of 1986 orany successor section, or that is organized exclusively for one or more of thepurposes specified in section 501(c)(3) of the Internal Revenue Code of 1986 orany successor section and that upon dissolution shall distribute its assets toan entity that is exempt under section 501(c)(3) of the Internal Revenue Codeof 1986 or any successor section, the United States, or a state; any"charitable solicitor" properly licensed under Article 2 of Chapter131F of the General Statutes, or any person exempt from Chapter 131F of theGeneral Statutes under G.S. 131F‑3.

f.          A person whoperiodically issues and delivers catalogs to potential purchasers and thecatalog:

1.         Includes a writtendescription or illustration and the sales price of each item offered for sale;

2.         Includes at least 24full pages of written material or illustrations;

3.         Is distributed inmore than one state; and

4.         Has an annualcirculation of not less than 250,000 customers.

g.         A person engaging ina commercial telephone solicitation where the solicitation is an isolatedtransaction and not done in the course of a pattern of repeated transactions ofa like nature.

h.         A person primarilysoliciting the sale of a newspaper of general circulation, a publisher of amagazine or other periodical of general circulation, or an agent of such apublisher acting pursuant to a written agency agreement.

i.          A person solicitingthe sale of services provided by a cable television system operating under theauthority of a local franchise.

j.          Any passenger airlinelicensed by the Federal Aviation Administration.

k.         Any person holding areal estate broker's or sales agent's license under Chapter 93A of the GeneralStatutes and who is soliciting within the scope of the broker's or agent'slicense.

l.          Any person solicitinga transaction regulated by the Commodities Futures Trading Commission, providedthe person is registered or temporarily licensed by the Commodities FuturesTrading Commission under the Commodity Exchange Act, 7 U.S.C. § 1, et seq.

m.        Any person solicitinga purchase from a business, provided the person soliciting makes reasonableefforts to ensure that the person solicited has actual authority to bind thebusiness to a purchase agreement.

n.         A foreigncorporation, limited liability company, or limited partnership that hasobtained and maintained a certificate of authority to transact business orconduct affairs in this State pursuant to Chapter 55, 55A, or 57C or Article 5of Chapter 59 of the General Statutes and that only transacts business or conductsaffairs in this State using the name set forth in the certificate of authority.

o.         An issuer or asubsidiary of an issuer that has a class of securities which is subject tosection 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 781) and which iseither registered or exempt from registration under paragraph (A), paragraph(B), paragraph (C), paragraph (E), paragraph (F), paragraph (G), or paragraph(H) of subsection (g)(2) of that section.

p.         A person solicitingthe sale of food, seeds, or plants when a sale does not involve an amount inexcess of one hundred dollars ($100.00) directed to a single address.

q.         A person soliciting:

1.         Without intent tocomplete or obtain provisional acceptance of a sale during the telephonesolicitation;

2.         Who does not makethe major sales presentation during the telephone solicitation but arranges forthe major sales presentation to be made at a later face‑to‑facemeeting between the salesperson and the purchaser;

3.         Who does not causean individual to go to the prospective purchaser to collect payment for thepurchase or to deliver any item purchased directly following the telephonesolicitation; or

4.         Who offers to sendthe purchaser descriptive literature and does not require payment prior to thepurchaser's review of the descriptive literature.

r.          A person solicitingthe purchase of contracts for the maintenance or repair of items previouslypurchased from the person making the solicitation or on whose behalf thesolicitation is made.

s.          A book, video,recording, or multimedia club or contractual plan or arrangement:

1.         Under which theseller provides the consumer with a form with which the consumer can instructthe seller not to ship the offered merchandise.

2.         Which is regulatedby the Federal Trade Commission trade regulation concerning "use ofnegative option plans by sellers in commerce".

3.         Which provides forthe sale of books, recordings, multimedia products or goods, or videos whichare not covered under paragraphs 1. or 2. of this sub‑subdivision,including continuity plans, subscription arrangements, standing orderarrangements, supplements, and series arrangements under which the sellerperiodically ships merchandise to a consumer who has consented in advance toreceive such merchandise on a periodic basis.

t.          A person who for atleast two years has been operating under the same name as that used inconnection with its telemarketing operations and retail establishment in NorthCarolina where consumer goods are displayed and offered for sale on a continuingbasis if a majority of the person's business involves the buyers obtainingservices or products at the person's retail establishment.

u.         A person:

1.         Who providestelephone solicitation services under contract to sellers;

2.         Who has beenoperating continuously for at least three years under the same business name;and

3.         For whom at leastseventy‑five percent (75%) of the person's contracts are performed onbehalf of other persons exempt under this section.

v.         A person solicitingpolitical contributions in accordance with Article 22A of Chapter 163 of theGeneral Statutes.

w.        The seller of a"business opportunity" as defined in G.S. 66‑94, while engagedin activities subject to regulation under Article 19 of Chapter 66 of theGeneral Statutes, provided that such seller has complied with the provisions ofG.S. 66‑97.

x.         A "loanbroker" as defined in G.S. 66‑106, while engaged in activitiessubject to regulation under Article 20 of Chapter 66 of the General Statutes,provided that such loan broker has complied with the provisions of G.S. 66‑109.

y.         A "membershipcamping operator" as defined in G.S. 66‑232(10) or a"salesperson" as defined in G.S. 66‑232(16), while engaged inactivities subject to regulation under Article 31 of Chapter 66 of the GeneralStatutes, provided that such persons have complied with the provisions of G.S.66‑234 and 66‑237, as applicable. (1997‑482, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_66 > GS_66-260

Article33.

Telephonic SellerRegistration and Bond Requirement.

§ 66‑260.  Definitions.

As used in this Article,unless the context requires otherwise:

(1)        "Gift orprize" means any premium, bonus, award, or any other thing of value.

(2)        "Item"means any good or any service. "Item" includes coupon books,vouchers, or certificates that are to be used with businesses other than theseller's business.

(3)        "Owner"means a person who owns or controls ten percent (10%) or more of the equity of,or otherwise has a claim to ten percent (10%) or more of the net income of, atelephonic seller.

(4)        "Person"includes any individual, firm, association, corporation, partnership, jointventure, or any other business entity.

(5)        "Principal"means an owner, an executive officer of a corporation, a general partner of apartnership, a sole proprietor of a sole proprietorship, a trustee of a trust,or any other individual with similar supervisory functions with respect to anyperson.

(6)        "Purchaser"or "prospective purchaser" means a person who is solicited to becomeobligated to a telephonic seller or to make any donation or gift to any personrepresented by the telephonic seller.

(7)        "Roomoperator" means any principal, employee, or agent responsible for theoperational management and supervision of facilities from which telephonicsales calls are made or received.

(8)        "Salesperson"means any individual employed, appointed, or authorized by a telephonic seller,whether referred to by the telephonic seller as an agency, representative, orindependent contractor, who attempts to solicit or solicits a sale on behalf ofthe telephonic seller.

(9)        "Secretary"means the Office of the Secretary of State.

(10)      "Telephonesolicitation" or "attempted telephone solicitation" means anytelephonic communication designed to persuade any person to purchase goods orservices, to enter a contest, or to contribute to a charity or a personrepresented to be a charity, regardless of whether the telephone callinitiating the solicitation is placed by the (i) telephonic seller or (ii) aperson responding to any unsolicited notice or notices sent or provided by oron behalf of the seller, which notice or notices represent to the recipientthat he or she has won a gift or prize, that the recipient may obtain orqualify for credit by contacting the seller, or that the seller has buyersinterested in purchasing the recipient's property.

(11)      "Telephonicseller" or "seller" means a person who, directly or throughsalespersons, causes a telephone solicitation or attempted telephonesolicitation to occur. "Telephonic seller" and "seller" donot include any of the following:

a.         A securities"dealer" within the meaning of G.S. 78A‑2(2) or a personexcluded from the definition of "dealer" by that provision: a"salesman" within the meaning of G.S. 78A‑2(9); an"investment adviser" within the meaning of G.S. 78C‑2(1) or aperson excluded from the definition of "investment adviser" by thatprovision; or an "investment adviser representative" within themeaning of G.S. 78C‑2(3); provided that such persons shall be excludedfrom the terms "telephonic seller" and "seller" only withrespect to activities regulated by Chapters 78A and 78C.

b.         Any personconducting sales or solicitations on behalf of a licensee of the FederalCommunications Commission or holder of a franchise or certificate of publicconvenience and necessity from the North Carolina Utilities Commission.

c.         Any insurance agentor broker who is properly licensed by the Department of Insurance and who issoliciting within the scope of the agent's or broker's license or any employeeor independent contractor of an insurance company licensed by the Department ofInsurance conducting sales or solicitations on behalf of that company.

d.         Any federallychartered bank, savings institution, or credit union or any bank, savingsinstitution, or credit union properly licensed by the State or subject tofederal regulating authorities.

e.         Any organizationthat is exempt under section 501(c)(3) of the Internal Revenue Code of 1986 orany successor section, or that is organized exclusively for one or more of thepurposes specified in section 501(c)(3) of the Internal Revenue Code of 1986 orany successor section and that upon dissolution shall distribute its assets toan entity that is exempt under section 501(c)(3) of the Internal Revenue Codeof 1986 or any successor section, the United States, or a state; any"charitable solicitor" properly licensed under Article 2 of Chapter131F of the General Statutes, or any person exempt from Chapter 131F of theGeneral Statutes under G.S. 131F‑3.

f.          A person whoperiodically issues and delivers catalogs to potential purchasers and thecatalog:

1.         Includes a writtendescription or illustration and the sales price of each item offered for sale;

2.         Includes at least 24full pages of written material or illustrations;

3.         Is distributed inmore than one state; and

4.         Has an annualcirculation of not less than 250,000 customers.

g.         A person engaging ina commercial telephone solicitation where the solicitation is an isolatedtransaction and not done in the course of a pattern of repeated transactions ofa like nature.

h.         A person primarilysoliciting the sale of a newspaper of general circulation, a publisher of amagazine or other periodical of general circulation, or an agent of such apublisher acting pursuant to a written agency agreement.

i.          A person solicitingthe sale of services provided by a cable television system operating under theauthority of a local franchise.

j.          Any passenger airlinelicensed by the Federal Aviation Administration.

k.         Any person holding areal estate broker's or sales agent's license under Chapter 93A of the GeneralStatutes and who is soliciting within the scope of the broker's or agent'slicense.

l.          Any person solicitinga transaction regulated by the Commodities Futures Trading Commission, providedthe person is registered or temporarily licensed by the Commodities FuturesTrading Commission under the Commodity Exchange Act, 7 U.S.C. § 1, et seq.

m.        Any person solicitinga purchase from a business, provided the person soliciting makes reasonableefforts to ensure that the person solicited has actual authority to bind thebusiness to a purchase agreement.

n.         A foreigncorporation, limited liability company, or limited partnership that hasobtained and maintained a certificate of authority to transact business orconduct affairs in this State pursuant to Chapter 55, 55A, or 57C or Article 5of Chapter 59 of the General Statutes and that only transacts business or conductsaffairs in this State using the name set forth in the certificate of authority.

o.         An issuer or asubsidiary of an issuer that has a class of securities which is subject tosection 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 781) and which iseither registered or exempt from registration under paragraph (A), paragraph(B), paragraph (C), paragraph (E), paragraph (F), paragraph (G), or paragraph(H) of subsection (g)(2) of that section.

p.         A person solicitingthe sale of food, seeds, or plants when a sale does not involve an amount inexcess of one hundred dollars ($100.00) directed to a single address.

q.         A person soliciting:

1.         Without intent tocomplete or obtain provisional acceptance of a sale during the telephonesolicitation;

2.         Who does not makethe major sales presentation during the telephone solicitation but arranges forthe major sales presentation to be made at a later face‑to‑facemeeting between the salesperson and the purchaser;

3.         Who does not causean individual to go to the prospective purchaser to collect payment for thepurchase or to deliver any item purchased directly following the telephonesolicitation; or

4.         Who offers to sendthe purchaser descriptive literature and does not require payment prior to thepurchaser's review of the descriptive literature.

r.          A person solicitingthe purchase of contracts for the maintenance or repair of items previouslypurchased from the person making the solicitation or on whose behalf thesolicitation is made.

s.          A book, video,recording, or multimedia club or contractual plan or arrangement:

1.         Under which theseller provides the consumer with a form with which the consumer can instructthe seller not to ship the offered merchandise.

2.         Which is regulatedby the Federal Trade Commission trade regulation concerning "use ofnegative option plans by sellers in commerce".

3.         Which provides forthe sale of books, recordings, multimedia products or goods, or videos whichare not covered under paragraphs 1. or 2. of this sub‑subdivision,including continuity plans, subscription arrangements, standing orderarrangements, supplements, and series arrangements under which the sellerperiodically ships merchandise to a consumer who has consented in advance toreceive such merchandise on a periodic basis.

t.          A person who for atleast two years has been operating under the same name as that used inconnection with its telemarketing operations and retail establishment in NorthCarolina where consumer goods are displayed and offered for sale on a continuingbasis if a majority of the person's business involves the buyers obtainingservices or products at the person's retail establishment.

u.         A person:

1.         Who providestelephone solicitation services under contract to sellers;

2.         Who has beenoperating continuously for at least three years under the same business name;and

3.         For whom at leastseventy‑five percent (75%) of the person's contracts are performed onbehalf of other persons exempt under this section.

v.         A person solicitingpolitical contributions in accordance with Article 22A of Chapter 163 of theGeneral Statutes.

w.        The seller of a"business opportunity" as defined in G.S. 66‑94, while engagedin activities subject to regulation under Article 19 of Chapter 66 of theGeneral Statutes, provided that such seller has complied with the provisions ofG.S. 66‑97.

x.         A "loanbroker" as defined in G.S. 66‑106, while engaged in activitiessubject to regulation under Article 20 of Chapter 66 of the General Statutes,provided that such loan broker has complied with the provisions of G.S. 66‑109.

y.         A "membershipcamping operator" as defined in G.S. 66‑232(10) or a"salesperson" as defined in G.S. 66‑232(16), while engaged inactivities subject to regulation under Article 31 of Chapter 66 of the GeneralStatutes, provided that such persons have complied with the provisions of G.S.66‑234 and 66‑237, as applicable. (1997‑482, s. 1.)