§ 53-11-04 — Exemptions

1. This chapter does not create liability for acts by the publisher, owner, agent, or
employee of an advertising agency, a newspaper, periodical, radio station, television
station, cable television system, or other advertising medium arising out of the
publication or dissemination of a solicitation, notice, or promotion governed by this
chapter, unless the publisher, owner, agent, or employee had knowledge that the
solicitation, notice, or promotion violated the requirements of this chapter, or had a
financial interest in the solicitation, notice, or promotion.
2. This chapter does not apply to solicitations or representations, in connection with:
a. The sale or purchase of books, recordings, videocassettes, periodicals, and
similar goods through a membership group or club that is regulated by the federal
trade commission under title 16, Code of Federal Regulations, part 425.1,
concerning use of negative option plans by sellers in commerce.
b. The sale or purchase of goods ordered through a contractual plan or
arrangement such as a continuity plan, subscription arrangement, or a single sale
or purchase series arrangement under which the seller ships goods to a
consumer who has consented in advance to receive the goods and after the
receipt of the goods is given the opportunity to examine the goods and to receive
a full refund of charges for the goods upon return of the goods undamaged.
c. A sale by a catalog seller that derives at least fifty percent of its annual revenues
from the sale of products sold in connection with the distribution of catalogs of at
least twenty-four pages that contain written descriptions or illustrations and sale
prices for each item of merchandise, if the catalogs are distributed in more than
one state with a total annual distribution of at least two hundred fifty thousand.