(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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