Tex. Bus. & Com. Code Section 304.004
Inapplicability of Chapter to Certain Calls

This chapter does not apply to a call made:

(1)

by a consumer:

(A)

as the result of a solicitation by a seller or telemarketer; or

(B)

in response to general media advertising by a direct mail solicitation that clearly, conspicuously, and truthfully makes 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:
(i)
the publication date of the first Texas no-call list in which the consumer’s telephone number appears; or
(ii)
the first anniversary of the date of termination;

(3)

between a telemarketer and a business, other than by a facsimile solicitation, unless the business has informed the telemarketer that the business does not wish to receive a telemarketing call 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 occurs 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 a telemarketing call from the telemarketer.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 304.004 — Inapplicability of Chapter to Certain Calls, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­304.­htm#304.­004 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 304.004’s source at texas​.gov