Loading
BUSINESS AND COMMERCE CODE
TITLE 4.  MISCELLANEOUS COMMERCIAL PROVISIONS
CHAPTER 38.  REGULATION OF TELEPHONE SOLICITATION
SUBCHAPTER A.  GENERAL PROVISIONS
Tex. Bus. & Com. Code § 38.001
§ 38.001. Definitions

In this chapter:

(1) "Item" means property or service and includes a coupon book that is to be used with a business or company.

(2) "Owner" means a person who has control of or is entitled to, by ownership or other claim, at least 10 percent of the net income of a seller.

(3) "Purchaser" means a person who is:

(A) solicited to become or becomes obligated for the purchase or rental of an item; or

(B) offered the opportunity to claim or receive an item.

(4) "Salesperson" means a person employed or authorized by a seller to make a telephone solicitation.

(5) "Seller" means a person who makes a telephone solicitation on the person's own behalf.

(6) "Supervised financial institution" means a bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, insurer, or other financial institution that is subject to supervision by an official or agency of this state or the United States.

(7) "Telephone solicitation" means a telephone call initiated by a seller or salesperson to or from a person for the purpose of inducing the person to purchase, rent, claim, or receive an item. The term includes a call made by a purchaser in response to a solicitation sent by mail or made by any other means.

Compliance Guide:
Registration Made Easy.
  • Online State Registration wizard for call campaign licensing.
  • Wizard makes finding State DNC exemptions easy.
  • Quickly answer questions with included regulatory guide.

watch Webinar

This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.