Texas Business & Commerce Code - Section 44.003. Telemarketing Calls Governed By Chapter
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§ 44.003. TELEMARKETING CALLS GOVERNED BY CHAPTER. (a)
For the purposes of this chapter, a telemarketing call is an
unsolicited telephone call made to:
(1) solicit a sale of a consumer good or service;
(2) solicit an extension of credit for a consumer good
or service; or
(3) obtain information that may be used to solicit a
sale of a consumer good or service or to extend credit for the sale.
(b) This chapter does not apply to a call made:
(1) by a consumer that is the result of a solicitation
by a seller or telemarketer or in response to general media
advertising by direct mail solicitations that clearly,
conspicuously, and truthfully make all disclosures required by
federal or state law;
(2) in connection with:
(A) an established business relationship; or
(B) a business relationship that has been
terminated, if the call is made before the later of the date the
first Texas no-call list in which the consumer's telephone number
appears is published or one year after the date of termination;
(3) between a telemarketer and a business, other than
by a facsimile solicitation, unless the business informed the
telemarketer that the business does not wish to receive
telemarketing calls from the telemarketer;
(4) to collect a debt; or
(5) by a state licensee if:
(A) the call is not made by an automated
telephone dialing system;
(B) the solicited transaction is not completed
until a face-to-face sales presentation by the seller and the
consumer is not required to pay or authorize payment until after the
presentation; and
(C) the consumer has not informed the
telemarketer that the consumer does not wish to receive
telemarketing calls from the telemarketer.
Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.
Renumbered from V.T.C.A., Bus. & C. Code § 43.003 by Acts 2003,
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.
Section: 43.017 43.018 43.019 43.020 43.021 44.001 44.002 44.003 44.004 44.005 44.006 44.051 44.052 44.101 44.102
Last modified: August 10, 2007
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