1. (a) The provisions of this subtitle do not apply to a transaction:

   1. (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. (2) In which the person making the solicitation or the business enterprise for which the person is calling:

      1. (i) Has made a previous sale to the consumer; or
      2. (ii) Has a preexisting business relationship with the consumer;
   3. (3) Which is covered by the provisions of Subtitle 3 of this title;

   4. (4) In which:

      1. (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
      2. (ii) The seller will process the refund within 30 days of receipt of the returned merchandise by the consumer;

   5. (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:

      1. (i) The name, address, and telephone number of the merchant;
      2. (ii) A description of the goods or services being sold; and
      3. (iii) Any limitations or restrictions that apply to the offer; or
   6. (6) In which the merchant is a bona fide charitable organization as defined in § 6-101 of the Business Regulation Article.

2. (b) Notwithstanding subsection (a) of this section, this subtitle applies to any solicitation offering credit services where:

   1. (1) The consumer is required to call a telephone number;
   2. (2) The consumer is charged a separate toll fee for the call; and
   3. (3) The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.

Added by Acts 1988, c. 588, § 1, eff. July 1, 1988. Amended by Acts 1988, c. 589; Acts 1989, c. 5, § 1; Acts 1991, c. 226; Acts 1992, c. 26, § 2.