TITLE: Relating to prohibiting telemarketing calls by a credit access business.

SUMMARY: Relating to prohibiting telemarketing calls by a credit access business.

FULL TEXT:
AN ACT relating to prohibiting telemarketing calls by a credit access business. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 304.004, Business & Commerce Code, is amended to read as follows: Sec. 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,other than a credit access business licensed under Subchapter G, Chapter 393, Finance Code, 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. SECTION 2. Subchapter G, Chapter 393, Finance Code, is amended by adding Section 393.6245 to read as follows: Sec. 393.6245. TELEMARKETING. A credit access business or a representative of a credit access business may not make a telemarketing call, as defined by Section 304.002, Business & Commerce Code, to a consumer, regardless of whether the consumer's name and telephone number are on the Texas no-call list maintained under Subchapter B, Chapter 304, Business & Commerce Code. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.