2005 Texas Business & Commerce Code CHAPTER 37. TELEPHONE SOLICITATION

BUSINESS & COMMERCE CODE

CHAPTER 37. TELEPHONE SOLICITATION


	§ 37.01. DEFINITIONS.  In this chapter:                                     
		(1)  "Automated dialing announcing device" means 
automated equipment used for telephone solicitation or collection 
that is capable:
			(A)  of storing telephone numbers to be called or 
has a random or sequential number generator capable of producing 
numbers to be called;  and
			(B)  alone or in conjunction with other equipment, 
of conveying 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 personal property intended to be 
attached to or installed in any real property;
			(B)  a cemetery lot;                                                         
			(C)  a time-share estate;  and                                               
			(D)  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 dialing device.

Added by Acts 1991, 72nd Leg., ch. 494, § 1, eff. Jan. 1, 1992.            


	§ 37.02. SOLICITOR IDENTITY;  PERMISSIBLE HOURS;  
DISCONNECT.  (a) A telephone solicitor may not make a consumer 
telephone call to a consumer unless:
		(1)  the telephone solicitor identifies himself or 
herself by name and identifies the business on whose behalf the 
telephone solicitor is calling and the purpose of the call 
immediately after making contact with the consumer to whom the call 
is made;
		(2)  the telephone solicitor makes the call after 12 
noon or 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 must disconnect the 
consumer's telephone line within the period provided by Section 
55.126, Utilities Code, after termination of the call by either the 
telephone solicitor or the consumer.
	(b)  A consumer telephone call is not subject to the 
provisions of Subsection (a) of this section if the call is 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.

Added by Acts 1991, 72nd Leg., ch. 494, § 1, eff. Jan. 1, 1992.  
Amended by Acts 1999, 76th Leg., ch. 667, § 1, eff. Sept. 1, 
1999.


	§ 37.03. CHARGES TO CONSUMER CREDIT ACCOUNT.  A person 
who sells consumer goods and services through the use of a telephone 
solicitor may not make or submit a charge to a consumer's credit 
card account unless:
		(1)  the seller provides that the consumer may receive 
a full refund for the return of undamaged and unused goods or a 
cancellation of services by providing notice to the seller not 
later than the seventh day after the date the consumer receives the 
goods or services and in which the seller will process:  
			(A)  a refund not later than the 30th day after the 
date the seller receives the returned merchandise from the 
consumer;
			(B)  a full refund not later than the 30th day 
after the purchaser of services 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)  the seller 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 phone of 
the seller, and any terms or conditions affecting the sale and 
receives from the consumer a signed copy of such contract;  or
		(3)  the seller is an organization that qualifies for 
and has obtained an exemption from federal income tax from the 
Internal Revenue Service under Section 501(c)(3), Internal Revenue 
Code of 1986 (26 U.S.C. Section 501(c)(3)).

Added by Acts 1991, 72nd Leg., ch. 494, § 1, eff. Jan. 1, 1992.            


	§ 37.04. ENFORCEMENT.  (a) The attorney general's office 
shall investigate a complaint relating to a violation of this 
chapter and may petition a district court for a temporary 
restraining order to restrain a continuing violation of this 
chapter and for the assessment of a civil penalty as provided by 
Section 37.05 of this code.
	(b)  A district court, on petition of the attorney general's 
office and on a finding by the court that a person is violating this 
chapter may, by injunction, prohibit a person from continuing a 
violation of this chapter or grant any other injunctive relief 
warranted by the facts.
	(c)  Venue for a suit 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 1991, 72nd Leg., ch. 494, § 1, eff. Jan. 1, 1992.            


	§ 37.05. CIVIL PENALTY.  (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, 
the attorney general may also seek restitution and civil penalties 
as provided herein.
	(c)  A consumer injured by a violation of this chapter may 
bring any action for recovery of damages.  The damages awarded may 
not be less than the amount paid by the buyer to the telephone 
solicitor, plus reasonable attorney fees and court costs.

Added by Acts 1991, 72nd Leg., ch. 494, § 1, eff. Jan. 1, 1992.