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State Law
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Texas Business & Commerce Code - Chapter 38 Regulation Of Telephone SolicitationLegal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Chapter 38 Regulation Of Telephone Solicitation In this chapter: (1) "Item" means property or service and includes a coupon book that is to be used with a business or company. (2) ... In this chapter, a person makes a telephone solicitation if the person effects or attempts to effect a telephone solicitation, including a solicitation initiated by ... This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons against false, misleading, or deceptive practices in the telephone ... (a) In a civil proceeding alleging a violation of this chapter, the burden of proving an exemption is on the person claiming the exemption. (b) ... The exemptions provided by this chapter apply only to a seller engaging in a telephone solicitation on the seller's own behalf. Added by Acts 1997, ... This chapter does not apply to: (1) a person offering or selling a security that has been qualified for sale under Section 7, The Securities ... This chapter does not apply to: (1) a person soliciting the sale of a subscription to: (A) a daily or weekly newspaper of general circulation; ... This chapter does not apply to an educational institution or organization or a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of ... This chapter does not apply to a sale in which the purchaser is a business that intends to: (1) resell the item purchased; or (2) ... This chapter does not apply to a person soliciting the sale of food. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. ... This chapter does not apply to: (1) the solicitation of contracts for the maintenance or repair of items previously purchased from the person making the ... 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 ... (a) This chapter does not apply to a person: (1) who provides telephone solicitation services under contract to sellers; (2) who has been operating continuously ... This chapter does not apply to a person engaging in a commercial telephone solicitation that is an isolated transaction and not done in the course ... (a) A seller may not engage in telephone solicitation from a location in this state or to a purchaser located in this state without a ... (a) A seller must file a registration statement with the secretary of state to obtain a registration certificate. (b) A registration statement must be in ... The filing fee for a registration statement is $200. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997. ... (a) The secretary of state shall issue a registration certificate and mail the certificate to the seller on receipt of: (1) a completed registration statement; ... (a) A registration statement becomes effective on the date that the secretary of state issues the registration certificate. (b) A registration statement is effective for ... (a) A seller shall file with the secretary of state an addendum for each quarter after the effective date of the registration providing the required ... (a) A registration statement filed under this chapter must be accompanied by: (1) a bond executed by a corporate surety approved by the secretary of ... (a) A seller shall file with the secretary of state, in the form prescribed by the secretary of state, an irrevocable consent appointing the secretary ... A registration statement must contain: (1) the seller's name and the name under which the seller is doing or intends to do business, if different ... (a) With respect to the seller and each person identified under Section 38.151(11) or (13), a registration statement must state the identity of each person: ... The registration statement must be accompanied by: (1) a description of the items the seller is offering for sale; (2) a copy of all sales ... (a) A seller shall post the registration certificate in a conspicuous place at the location for which it is issued. (b) A seller shall make ... A seller shall, when the solicitation is made and before consummation of any sales transaction, provide to each purchaser: (1) the complete street address of ... A seller may not make or authorize the making of a reference to its compliance with this chapter to a purchaser. Added by Acts 1997, ... (a) A person commits an offense if the person knowingly violates Section 38.101, 38.106, 38.201, 38.202, or 38.203. Each violation constitutes a separate offense. (b) ... (a) A person commits an offense if the person knowingly acts as a salesperson on behalf of a seller who violates the registration requirements of ... (a) A seller commits an offense if the seller knowingly: (1) represents or implies that a purchaser will receive without charge an item or service, ... (a) The attorney general may bring suit to enjoin a person from violating this chapter. (b) The attorney general shall notify the defendant of the ... (a) A person who violates this chapter is subject to a civil penalty of not more than $5,000 for each violation. (b) A person who ... A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, and any public or private right ... (a) A person who is injured by the bankruptcy of a seller or the seller's breach of an agreement entered into during a telephone solicitation ... An attempted waiver of a provision of this chapter is void. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997. ... Last modified: August 10, 2007 |