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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES |
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Chapter 1304. SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS |
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Subchapter D. PRACTICE BY SERVICE CONTRACT PROVIDERS, ADMINISTRATORS, AND SELLERS |
Sec. 1304.161. PROHIBITED ACTS
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(a) A provider, administrator, seller, or other representative of the provider may not, in the provider's service contracts or literature or in any written communication:
(1) make, permit, or cause to be made any false, deceptive, or misleading statement; or
(2) deliberately omit a material statement if the omission would be considered misleading.
(b) A person, including a bank, a savings and loan association, a lending institution, or the manufacturer or seller of a product, may not require the purchase of a service contract as a condition of a loan or the sale of property.
(c) A provider, administrator, seller, or other representative of the provider may not make a telemarketing call to a consumer as provided by Sections 304.002 and 304.003, Business & Commerce Code, unless the provider, administrator, seller, or representative has an established business relationship, as defined by Section 304.002, Business & Commerce Code, with the consumer.