Tex. Occ. Code Section 1304.161
Prohibited Acts


(a)

A provider, administrator, seller, or other representative of the provider may not, in the provider’s service contracts or literature or in any written communication:

(1)

make, permit, or cause to be made any false, deceptive, or misleading statement; or

(2)

deliberately omit a material statement if the omission would be considered misleading.

(b)

A person, including a bank, a savings and loan association, a lending institution, or the manufacturer or seller of a product, may not require the purchase of a service contract as a condition of a loan or the sale of property.

(c)

A provider, administrator, seller, or other representative of the provider may not make a telemarketing call to a consumer as provided by Sections 304.002 (Definitions) and 304.003 (Making Telemarketing Call), Business & Commerce Code, unless the provider, administrator, seller, or representative has an established business relationship, as defined by Section 304.002 (Definitions), Business & Commerce Code, with the consumer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.17, eff. September 1, 2011.

Source: Section 1304.161 — Prohibited Acts, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1304.­htm#1304.­161 (accessed Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 1304.161’s source at texas​.gov