Section 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.Tex. Bus. and Comm. Code § 304.004
Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. 4/1/2009.