§481P-5  Exemptions.  This chapter shall
not apply to:



(1)  A person who initiates telephone calls to a
residence for the sole purpose of polling or soliciting the expression of
ideas, opinions, or votes, or a person soliciting solely for a political or religious
cause or purpose;



(2)  A securities broker-dealer, salesperson,
investment adviser, or investment adviser representative who is registered with
this State to sell securities or who is authorized to sell securities in this
State pursuant to federal securities laws, when soliciting over the telephone
within the scope of the person's registration;



(3)  A financial institution that is authorized to
accept deposits under its chartering or licensing authority where such deposits
are insured by the Federal Deposit Insurance Corporation or the National Credit
Union Administration, including but not limited to a bank, savings bank,
savings and loan association, depository financial services loan company, or
credit union, or a nondepository financial services loan company that is
licensed or authorized to conduct business in this State by the commissioner of
financial institutions, or an affiliate or subsidiary of a financial
institution as defined in chapter 412;



(4)  A person or organization that is licensed or
authorized to conduct business in this State by the insurance commissioner
including but not limited to an insurance company and its employees, while
engaged in the business of selling or advertising the sale of insurance
products or services;



(5)  A college or university accredited by an
accrediting organization recognized by the United States Department of
Education;



(6)  A person who publishes a catalog of at least
fifteen pages, four times a year, with a circulation of at least one hundred
thousand, where the catalog includes clear disclosure of sale prices, shipping,
handling, and other charges;



(7)  A political subdivision or instrumentality of the
United States, or any state of the United States;



(8)  The sale of goods or services by telecommunications
or landline (i.e., cable) or wireless video service providers, for which the
terms and conditions of the offering, production, or sale are regulated by the
public utilities commission or the Federal Communications Commission, or
pursuant to chapter 440G, including the sale of goods or services by affiliates
of these telecommunications or video service providers.  Nothing herein shall
be construed to preclude or preempt actions brought under any other laws
including chapter 480;



(9)  A real estate broker or salesperson who is
licensed by this State to sell real estate, when soliciting within the scope of
the license; or



(10)  A travel agency that is registered with this
State, when engaging in the business of selling or advertising the sale of
travel services. [L 1999, c 170, pt of §1; am L 2008, c 19, §39]