Application of subtitle

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    (a)    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)    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.


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