§ 4-99-406 - Applicability of subchapter.
               	 		
4-99-406.    Applicability of subchapter.
    The provisions of this subchapter shall not apply to:
      (1)  Any  person who is a licensee, as defined by    17-42-103(10)(A), who is a  resident of the State of Arkansas and whose telephone call to the  consumer is for the sole purpose of selling, exchanging, purchasing,  renting, listing for sale or rent, or leasing real estate in accordance  with the provisions for which he or she was licensed and not in  conjunction with any other offer;
      (2)  Any  motor vehicle dealer, as that term is defined in    23-112-103(19), who  is a resident of the State of Arkansas, and who maintains a current  motor vehicle dealer's license issued by the Arkansas Motor Vehicle  Commission, whose call to the consumer is for the sole purpose of  selling, offering to sell, soliciting, or advertising the sale of motor  vehicles in accordance with the provisions for which they were licensed  and not in conjunction with any other offer;
      (3)  Any  agent, as that term is defined in    23-64-102(2), who maintains a  current license as an insurance agent whose call to the consumer is for  the purpose of soliciting, consulting, advising, or adjusting in the  business of insurance;
      (4)  Any  broker-dealer, agent, or investment advisor registered by the Securities  Commissioner pursuant to the provisions of    23-42-301 et seq., whose  telephone call to the consumer is for the purpose of effecting or  attempting to effect the purchase or sale of securities or has the  purpose of providing or seeking to provide investment or financial  advice;
      (5)  Any person calling on  behalf of a charitable organization as that term is defined in     4-99-403(2), whose call to the consumer is for the sole purpose of  soliciting for the charitable organization and who receives no  compensation as a result of his or her solicitation activities on behalf  of the charitable organization;
      (6)  Any  person calling on behalf of a newspaper of general circulation whose  call to the consumer is for the purpose of soliciting a subscription to  the newspaper from the consumer or soliciting advertising from the  consumer;
      (7)    (A)  Telephone  calls made on behalf of any federally chartered or state-chartered bank  if the call to the consumer relates to banking services other than  credit card offers.
            (B)  In no  event shall the telephone calls made pursuant to this subdivision (7) of  this section reference any form of credit card offer; and
      (8)  Telephone  calls made on behalf of a funeral establishment properly licensed  pursuant to    17-29-301 et seq., if the purpose of the telephone call  relates to services provided by the funeral establishment in its  ordinary course of business.