Texas Business & Commerce Code - Section 38.059. Promotions At Established Retail Sales Locations Or At Consumer's Residence
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§ 38.059. PROMOTIONS AT ESTABLISHED RETAIL SALES
LOCATIONS OR AT CONSUMER'S RESIDENCE. This chapter does not apply
to:
(1) a person soliciting:
(A) without intent to complete or obtain
provisional acceptance of a sale during the telephone solicitation;
(B) who does not make the major sales
presentation during the telephone solicitation but arranges for the
major sales presentation to be made at a later face-to-face meeting
between the salesperson and the purchaser; and
(C) who does not cause an individual to go to the
prospective purchaser to collect payment for the purchase or to
deliver an item purchased directly following the telephone
solicitation; or
(2) a person who for at least two years has been
operating under the same name as that used in connection with its
telemarketing operations a retail establishment where consumer
goods are displayed and offered for sale continuously if a majority
of the person's business involves the buyers obtaining services or
products at the person's retail establishment.
Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997.
Section: 38.052 38.053 38.054 38.055 38.056 38.057 38.058 38.059 38.060 38.061 38.101 38.102 38.103 38.104 38.105
Last modified: August 10, 2007
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