Texas Business & Commerce Code - Section 35.47. Certain Electronic Communications Made For Purpose Of Sales
Legal Research Home >
Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.47. Certain Electronic Communications Made For Purpose Of Sales
§ 35.47. CERTAIN ELECTRONIC COMMUNICATIONS MADE FOR
PURPOSE OF SALES. (a) A person may not make a telephone call or use
an automatic dial announcing device to make a telephone call for the
purpose of making a sale if:
(1) the person making the call or using the device
knows or should have known that the called number is a mobile
telephone for which the called person will be charged for that
specific call; and
(2) the called person has not given consent to make
such a call to the person calling or using the device or to the
business enterprise for which the person is calling or using the
device.
(b) A person may not make or cause to be made a transmission
for the purpose of a solicitation or sale to a facsimile recording
device or other telecopier for which the person or entity receiving
the transmission will be charged for the transmission, unless the
person or entity receiving the transmission has given, prior to the
transmission, consent to make or cause to be made the transmission.
(c) A person may not make or cause to be made a transmission
for the purpose of a solicitation or sale to a facsimile recording
device after 11 p.m. and before 7 a.m.
(d) On complaint of a called person that Subsection (a),
(b), or (c) of this section has been violated, the county or
district attorney of the county in which the person resides shall
investigate the complaint and file charges if appropriate. A
telephone company serving the caller or called person is not
responsible for investigating a complaint or keeping records
relating to this section.
(e) A person who violates Subsection (a), (b), or (c) of
this section commits an offense. An offense under this section is a
Class C misdemeanor.
(f) A person who receives a communication that violates 47
U.S.C. Section 227, a regulation adopted under that provision, or
this section may bring an action against the person who originates
the communication in a court of this state for an injunction,
damages in the amount provided by this subsection, or both. A
plaintiff prevailing in an action for damages under this subsection
is entitled to the greater of $500 for each violation or the
person's actual damages, except that the court may increase the
amount of the award to not more than the greater of $1,500 for each
violation or three times the person's actual damages if the court
finds that the defendant committed the violation knowingly or
intentionally.
Added by Acts 1989, 71st Leg., ch. 783, § 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 635, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1429, § 2, eff. Jan. 1, 2002.
Section: 35.40 35.41 35.42 35.44 35.45 35.455 35.46 35.47 35.48 35.49 35.50 35.51 35.52 35.53 35.531
Last modified: August 10, 2007
|
