Unless otherwise specifically included, this part does not apply to recommendations involving:
(1) direct response solicitations when there is no recommendation made based on information collected from the consumer pursuant to this part;
(2) contracts used to fund:
(a) an employee pension or welfare benefit plan that is covered by the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.;
(b) a plan described by section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code, 26 U.S.C. 401(a), 401(k), 403(b), 408(k), or 408(p), if established or maintained by an employer;
(c) a governmental plan or church plan defined in section 414 of the Internal Revenue Code, 26 U.S.C. 414, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax-exempt organization under section 457 of the Internal Revenue Code, 26 U.S.C. 457;
(d) a nonqualified deferred compensation plan established or maintained by an employer or plan sponsor;
(3) settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process;
(4) formal prepaid funeral contracts; or
(5) variable annuities regulated under Title 30, chapter 10.