Business & Commerce Code § 304.004

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.