Sec. 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.
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