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Texas Statutes (Last Updated: January 4, 2014) |
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BUSINESS AND COMMERCE CODE |
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Title 10. USE OF TELECOMMUNICATIONS |
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Subtitle A. TELEPHONES |
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Chapter 304. TELEMARKETING |
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Subchapter A. GENERAL PROVISIONS |
Sec. 304.002. DEFINITIONS
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In this chapter:
(1) "Caller identification service or device" means a service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call.
(2) "Commission" means the Public Utility Commission of Texas.
(3) "Consumer good or service" means property of any kind that is normally used for personal, family, or household purposes. The term does not include a security, as defined by Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil Statutes).
(4) "Established business relationship" means a relationship that:
(A) is formed by a voluntary two-way communication between a person and a consumer, regardless of whether consideration is exchanged;
(B) pertains to a consumer good or service offered by the person; and
(C) has not been terminated by either party.
(5) "Facsimile recording device" means a device capable of receiving a facsimile transmission.
(6) "Facsimile solicitation" means a telemarketing call made by a transmission to a facsimile recording device.
(7) "State licensee" means a person licensed by a state agency under a law of this state that requires the person to obtain a license as a condition of engaging in a profession or business.
(8) "Telemarketer" means a person who makes or causes to be made a telemarketing call.
(9) "Telemarketing call" means an unsolicited telephone call made 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 may be used to solicit a sale of a consumer good or service or to extend credit for the sale.
(10) "Telephone call" means a call or other transmission made to or received at a telephone number, including:
(A) a call made by an automated telephone dialing system;
(B) a transmission to a facsimile recording device; and
(C) a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number serviced by a provider of commercial mobile service, as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as amended, Federal Communications Commission rules, or the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as amended, except that the term does not include a transmission made to a mobile telephone number as part of an ad-based telephone service, in connection with which the telephone service customer has agreed with the service provider to receive the transmission.