§ 14-2202. Application of subtitle

   (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.

HISTORY: 1988, chs. 588, 589; 1989, ch. 5, § 1; 1991, ch. 226; 1992, ch. 26, § 2.