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Texas Business & Commerce Code - Chapter 44 TelemarketingLegal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Chapter 44 Telemarketing Sponsored LinksThis chapter may be cited as the Texas Telemarketing Disclosure and Privacy Act. Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. ... In this chapter: (1) "Caller identification service" means a service or device designed to provide the user of the service or device with the telephone ... (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 ... In this chapter, a person makes a telemarketing call if the person effects a telemarketing call on the person's own behalf or on behalf of ... This chapter shall be liberally construed and applied to promote its underlying purpose to protect the public against false, misleading, abusive, or deceptive practices in ... An attempted waiver of a provision of this chapter is void. Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002. ... (a) A telemarketer may not, in making a telemarketing call, block the identity of the telephone number from which the telephone call is made to ... (a) Except as provided by Subsection (c), the commission shall receive and investigate complaints concerning violations of this subchapter and may assess an administrative penalty ... (a) The commission shall establish and provide for the operation of a database to compile a list of names, zip codes, and telephone numbers of ... (a) A telemarketer may not make a telemarketing call to a telephone number that has been published on the Texas no-call list more than 60 ... (a) The commission may adopt rules to administer this subchapter. The commission shall adopt rules: (1) requiring each local exchange telephone company and each commercial ... On request of the commission, the Department of Information Resources shall assist the commission in administering this subchapter. Added by Acts 2001, 77th Leg., ch. ... In addition to the technical and procedural standards of federal statutes or regulations regarding telephone facsimile machines and transmissions, a person in this state who ... On receipt of oral or written notification from a recipient of a facsimile solicitation not to send any further facsimile transmissions to one or more ... (a) Except as provided by Subsection (c), the commission shall receive and investigate complaints concerning violations of this subchapter and may assess an administrative penalty ... Before December 31 of each even-numbered year, the commission shall submit a report to the lieutenant governor and speaker of the house of representatives. The ... Before December 31 of each even-numbered year, the attorney general shall submit a report to the lieutenant governor and speaker of the house of representatives. ... The amount of an administrative penalty imposed under this chapter shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, ... The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the ... A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. ... Last modified: August 11, 2007 |