CHAPTER 301. TELEPHONE SOLICITATION PRACTICES

BUSINESS AND COMMERCE CODE

TITLE 10. USE OF TELECOMMUNICATIONS

SUBTITLE A. TELEPHONES

CHAPTER 301. TELEPHONE SOLICITATION PRACTICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 301.001. DEFINITIONS. In this chapter:

(1) "Automated dial announcing device" means automated equipment

used for telephone solicitation or collection that can:

(A) store telephone numbers to be called or produce numbers to

be called through use of a random or sequential number generator;

and

(B) convey, alone or in conjunction with other equipment, a

prerecorded or synthesized voice message to the number called

without the use of a live operator.

(2) "Consumer" means a person who is solicited to purchase,

lease, or receive a consumer good or service.

(3) "Consumer good or service" means:

(A) real property or tangible or intangible personal property

that is normally used for personal, family, or household

purposes, including:

(i) personal property intended to be attached to or installed in

any real property;

(ii) a cemetery lot; and

(iii) a time-share estate; or

(B) a service related to real or personal property.

(4) "Consumer telephone call" means an unsolicited call made to

a residential telephone number by a telephone solicitor to:

(A) solicit a sale of a consumer good or service;

(B) solicit an extension of credit for a consumer good or

service; or

(C) obtain information that will or may be used to directly

solicit a sale of a consumer good or service or to extend credit

for the sale.

(5) "Telephone solicitor" means a person who makes or causes to

be made a consumer telephone call, including a call made by an

automated dial announcing device.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER B. PERMITTED AND PROHIBITED PRACTICES

Sec. 301.051. TELEPHONE SOLICITATION REQUIREMENTS. (a) This

section does not apply to a consumer telephone call made:

(1) in response to the express request of the consumer;

(2) primarily in connection with an existing debt or contract

for which payment or performance has not been completed at the

time of the call; or

(3) to a consumer with whom the telephone solicitor has a prior

or existing business relationship.

(b) A telephone solicitor may not make a consumer telephone call

to a consumer unless:

(1) the telephone solicitor, immediately after making contact

with the consumer to whom the call is made, identifies:

(A) himself or herself by name;

(B) the business on whose behalf the telephone solicitor is

calling; and

(C) the purpose of the call;

(2) the telephone solicitor makes the call after 12 noon and

before 9 p.m. on a Sunday or after 9 a.m. and before 9 p.m. on a

weekday or a Saturday; and

(3) for those calls in which an automated dial announcing device

is used, the device disconnects the consumer's telephone line

within the period specified by Section 55.126, Utilities Code,

after either the telephone solicitor or the consumer terminates

the call.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 301.052. CHARGES TO CONSUMER'S CREDIT CARD ACCOUNT. A

person who sells consumer goods or services through the use of a

telephone solicitor may not make or submit a charge to a

consumer's credit card account unless the seller:

(1) provides that:

(A) the consumer may receive a full refund for returning

undamaged and unused goods or canceling services by providing

notice to the seller not later than the seventh day after the

date the consumer receives the goods or services; and

(B) the seller will process:

(i) a refund not later than the 30th day after the date the

seller receives the returned goods from the consumer; or

(ii) a full refund not later than the 30th day after the date

the consumer cancels an order for the purchase of services not

performed or a pro rata refund for any services not yet performed

for the consumer;

(2) provides to the consumer a written contract fully describing

the goods or services being offered, the total price to be

charged, the name, address, and business telephone number of the

seller, and any terms affecting the sale and receives from the

consumer a signed copy of the contract; or

(3) is an organization that qualifies for an exemption from

federal income taxation under Section 501(c)(3), Internal Revenue

Code of 1986, and has obtained that exemption from the Internal

Revenue Service.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

SUBCHAPTER C. ENFORCEMENT

Sec. 301.101. INVESTIGATION BY ATTORNEY GENERAL'S OFFICE. The

attorney general's office shall investigate a complaint relating

to a violation of this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 301.102. INJUNCTIVE RELIEF. (a) The attorney general's

office may petition a district court for a temporary restraining

order to restrain a continuing violation of this chapter.

(b) A district court, on petition of the attorney general's

office and on finding that a person is violating this chapter,

may:

(1) issue an injunction prohibiting the person from continuing

the violation; or

(2) grant any other injunctive relief warranted by the facts.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 301.103. CIVIL PENALTY; RESTITUTION. (a) A person who

knowingly violates this chapter is liable for a civil penalty of

not more than $10,000 for each violation.

(b) In addition to bringing an action for injunctive relief

under Section 301.102, the attorney general's office may seek

restitution and petition a district court for the assessment of a

civil penalty as provided by this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 301.104. CIVIL ACTION. A consumer injured by a violation

of this chapter may bring an action for recovery of damages. The

damages awarded may not be less than the amount the consumer paid

the person who sold the consumer goods or services through the

use of the telephone solicitor, plus reasonable attorney's fees

and court costs.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 301.105. VENUE. Venue for an action brought under this

chapter is in:

(1) the county in which the consumer telephone call originated;

(2) the county in which the consumer telephone call was

received; or

(3) Travis County.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.