Sec. 42-287. Exempted transactions. - Connecticut Statutes

      Sec. 42-287. Exempted transactions. The provisions of sections 42-284 to 42-286, inclusive, shall not apply to:

      (1) Any transaction between a consumer and a publisher, owner, agent or employee of a newspaper marketing its own publications;

      (2) Any transaction between a consumer and a bank, out-of-state bank, Connecticut credit union, federal credit union or out-of-state credit union as each is defined in section 36a-2 or a mortgage broker, mortgage correspondent lender or mortgage lender, sales finance company or small loan lender licensed under chapter 668 in which any such person, or such person's subsidiary, affiliate or agent markets its own services to a consumer;

      (3) Any transaction made pursuant to prior negotiations in the course of a visit by a consumer to a retail business establishment having a fixed, permanent location where goods are exhibited or services are offered for sale on a continuing basis;

      (4) Any transaction in which the business establishment or its majority-owned affiliate making the solicitation has a clear, preexisting business relationship with the consumer, provided the consumer has been provided the full name and the business location or phone number of the establishment or its majority-owned affiliate;

      (5) Any transaction in which the consumer purchases goods or services pursuant to an examination of a printed advertisement, brochure, catalog or other written material of the telemarketer which contains: (A) The name, address or post office box and telephone number of the telemarketer; (B) a full description of the goods or services being requested, including any handling, shipping or delivery charges; (C) any limitations, conditions or restrictions that apply to the offer; and (D) the refund policy of the telemarketer;

      (6) Any transaction in which the telemarketer or its subsidiaries, affiliates or agents is certified by, or providing services pursuant to tariffs filed with, the Department of Public Utility Control, the Federal Communications Commission or in which the telemarketer is a corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and in which the telemarketer is initiating the sale, lease or rental of consumer goods or services or offering gifts with the intent to sell, lease or rent consumer goods or services on its own behalf;

      (7) Any transaction in which: (A) The consumer may obtain a full refund for the return of undamaged and unused goods or services to the seller within seven days of receipt by the consumer; (B) the seller will process the refund within thirty days of receipt of the returned goods or notice of cancellation of services by the consumer; and (C) the consumer is clearly and conspicuously notified of his right to full refund for the return of undamaged and unused goods or any services not performed or a pro rata refund for any services not yet performed for the consumer;

      (8) Any transaction regulated under chapter 672a between a consumer and any broker-dealer, agent, investment advisor or investment advisor agent registered or specifically excluded from the registration requirement pursuant to chapter 672a;

      (9) Any transaction which is subject to the provisions of chapter 740;

      (10) Any transaction which is subject to the provisions of chapter 704; or

      (11) Any transaction between a consumer and a person or its majority-owned affiliate where such person or its majority-owned affiliate has been continuously operating for at least two years a retail business establishment having a fixed, permanent location under the same name as that used in connection with the telemarketing transaction and the goods or services offered in the telemarketing transaction are also offered for sale at the retail business establishment and telemarketer-originated sales comprise less than fifty per cent of establishment's total sales.

      (P.A. 96-196, S. 4; P.A. 08-176, S. 73.)

      History: P.A. 08-176 amended Subdiv. (2) to add "mortgage correspondent lender" and make conforming changes, effective July 1, 2008.