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BUSINESS AND COMMERCE CODE
TITLE 4.  MISCELLANEOUS COMMERCIAL PROVISIONS
CHAPTER 37.  TELEPHONE SOLICITATION
Tex. Bus. & Com. Code § 37.01
§ 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.

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