(a) Exempt.- The provisions of this subtitle do not apply to a transaction:
(1) Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;
(2) In which the person making the solicitation or the business enterprise for which the person is calling:
(i) Has made a previous sale to the consumer; or
(ii) Has a preexisting business relationship with the consumer;
(3) Which is covered by the provisions of Subtitle 3 of this title;
(4) In which:
(i) The consumer may obtain a full refund for the return of undamaged and unused goods to the seller within 7 days of receipt by the consumer; and
(ii) The seller will process the refund within 30 days of receipt of the returned merchandise by the consumer;
(5) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalogue, or other mailing material of the merchant that contains:
(i) The name, address, and telephone number of the merchant;
(ii) A description of the goods or services being sold; and
(iii) Any limitations or restrictions that apply to the offer; or
(6) In which the merchant is a bona fide charitable organization as defined in § 6-101 of the Business Regulation Article.
(b) Solicitation offering credit services.- Notwithstanding subsection (a) of this section, this subtitle applies to any solicitation offering credit services where:
(1) The consumer is required to call a telephone number;
(2) The consumer is charged a separate toll fee for the call; and
(3) The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.
(a) Exempt.- The provisions of this subtitle do not apply to a transaction:
(1) Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;
(2) In which the person making the solicitation or the business enterprise for which the person is calling:
(i) Has made a previous sale to the consumer; or
(ii) Has a preexisting business relationship with the consumer;
(3) Which is covered by the provisions of Subtitle 3 of this title;
(4) In which:
(i) The consumer may obtain a full refund for the return of undamaged and unused goods to the seller within 7 days of receipt by the consumer; and
(ii) The seller will process the refund within 30 days of receipt of the returned merchandise by the consumer;
(5) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalogue, or other mailing material of the merchant that contains:
(i) The name, address, and telephone number of the merchant;
(ii) A description of the goods or services being sold; and
(iii) Any limitations or restrictions that apply to the offer; or
(6) In which the merchant is a bona fide charitable organization as defined in § 6-101 of the Business Regulation Article.
(b) Solicitation offering credit services.- Notwithstanding subsection (a) of this section, this subtitle applies to any solicitation offering credit services where:
(1) The consumer is required to call a telephone number;
(2) The consumer is charged a separate toll fee for the call; and
(3) The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.
(a) Exempt.- The provisions of this subtitle do not apply to a transaction:
(1) Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;
(2) In which the person making the solicitation or the business enterprise for which the person is calling:
(i) Has made a previous sale to the consumer; or
(ii) Has a preexisting business relationship with the consumer;
(3) Which is covered by the provisions of Subtitle 3 of this title;
(4) In which:
(i) The consumer may obtain a full refund for the return of undamaged and unused goods to the seller within 7 days of receipt by the consumer; and
(ii) The seller will process the refund within 30 days of receipt of the returned merchandise by the consumer;
(5) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalogue, or other mailing material of the merchant that contains:
(i) The name, address, and telephone number of the merchant;
(ii) A description of the goods or services being sold; and
(iii) Any limitations or restrictions that apply to the offer; or
(6) In which the merchant is a bona fide charitable organization as defined in § 6-101 of the Business Regulation Article.
(b) Solicitation offering credit services.- Notwithstanding subsection (a) of this section, this subtitle applies to any solicitation offering credit services where:
(1) The consumer is required to call a telephone number;
(2) The consumer is charged a separate toll fee for the call; and
(3) The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.
