WILLIAM DONALD SCHAEFER, Governor Ch. 588

(D) (1) "MERCHANT" MEANS A PERSON WHO, DIRECTLY OR
INDIRECTLY, OFFERS OR MAKES AVAILABLE TO CONSUMERS ANY CONSUMER
GOODS, CONSUMER SERVICES, OR CONSUMER REALTY.

(2) "MERCHANT" DOES NOT INCLUDE A PERSON WHO IS
EXEMPT UNDER § 13-104 OF THIS ARTICLE.

(E) "TELEPHONE SOLICITATION" MEANS THE ATTEMPT BY A
MERCHANT TO SELL OR LEASE CONSUMER GOODS, SERVICES, OR REALTY TO
A CONSUMER LOCATED IN THIS STATE THAT IS:

(1) MADE ENTIRELY BY TELEPHONE; AND

(2) INITIATED BY THE MERCHANT.
14-2102.

THE PROVISIONS OF THIS ACT 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 OR THE BUSINESS ENTERPRISE
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) IN WHICH 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 WHICH THAT CONTAINS:

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