37-30A-8.   Excluded transactions. The provisions of this chapter do not apply to a transaction:

             (1)      Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five percent of total new sales are made by unsolicited consumer telephone calls;

             (2)      In which the business establishment making the solicitation is establishing a business-to-business relationship or has a clear, preexisting business relationship with the consumer, if that relationship resulted in the consumer becoming aware of the full name, business address, and telephone number of the establishment; or

             (3)      In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that contains:

             (a)      The name, address, and telephone number of the telemarketer;

             (b)      A full description of the goods or services being sold along with a list of all prices or fees being requested, including any handling, shipping, sales tax, or delivery charges; and

             (c)      Any limitations or restrictions that apply to the offer.

Source: SL 1997, ch 222, § 8; SL 2003, ch 212, § 1.

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