{"data":{"id":"us-tx/tex.-business-commerce-code-304.004","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 304.004","heading":"INAPPLICABILITY OF CHAPTER TO CERTAIN CALLS.","body":"This chapter does not apply to a call made:\n(1) by a consumer:\n(A) as the result of a solicitation by a seller or telemarketer; or\n(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;\n(2) in connection with:\n(A) an established business relationship; or\n(B) a business relationship that has been terminated, if the call is made before the later of:\n(i) the publication date of the first Texas no-call list in which the consumer's telephone number appears; or\n(ii) the first anniversary of the date of termination;\n(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;\n(4) to collect a debt; or\n(5) by a state licensee if:\n(A) the call is not made by an automated telephone dialing system;\n(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\n(C) the consumer has not informed the telemarketer that the consumer does not wish to receive a telemarketing call from the telemarketer.\nAdded by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.","path":["BUSINESS AND COMMERCE CODE","TITLE 10. USE OF TELECOMMUNICATIONS","SUBTITLE A. TELEPHONES","CHAPTER 304. TELEMARKETING","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.304.htm#304.004","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"bd7612bc806458801605c922b60ffc5b9c775c0fa63ac22f6e0fc6f25b43361d","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-304.003","next":"us-tx/tex.-business-commerce-code-304.005"},"notice":"GroundRules: Original legal text. Not legal advice."}