Sec. 1306.111. PROHIBITED ACTS


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  • (a) A provider, administrator, seller, or other representative of the provider may not, in the provider's identity recovery 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 regulated by Chapter 2301 may not require the purchase of an identity recovery service contract as a condition of a loan or the sale of a vehicle.

    (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.

Added by Acts 2009, 81st Leg., R.S., Ch. 36 , Sec. 3, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1081 , Sec. 2.16, eff. September 1, 2011.