Unless otherwise specifically included, this article shall not apply to transactions involving any of the following:
- (a) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this article.
(b) Contracts used to fund any of the following:
- (1) An employee pension or welfare benefit plan that is covered by the federal Employee Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. Sec. 1001 et seq.).
- (2) A plan described by Section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code (IRC), as amended, if established or maintained by an employer.
- (3) A government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax-exempt organization under Section 457 of the IRC.
- (4) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.
- (5) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process.
- (6) Formal prepaid funeral contracts.